LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 

GIFT  OF 


Received 
Accession  No. 


f&syu          ,igo/. 
Clati  No. 


CL, 


V 


THE 


NEW  CHARTER 


OF 


BALTIMORE  CITY 


REVISED    EDITION 


Containing  Amendments  and  New  Laws  Passed  by  Maryland 
Legislature  of  1900. 


BALTIMORE: 

PRESS  OF  THE  SUN   PRINTING  OFFICE, 
1900. 


BALTIMORE,  MD.,  May  5th,  1900. 

This  revised  edition  of  the  New  Charter  contains  all 
the  local  laws  passed  by  the  General  Assembly  at  its 
Session  of  1900.  These  laws  I  obtained,  and  prepared 
from  them  the  copy  which  the  printer  used.  Those 
laws  which  modified  sections  of  the  New  Charter,  are 
inserted  in  the  proper  place  in  lieu  of  the  old  sections  ; 
those  laws  which  did  not  change  the  old  sections,  but 
were  new  enactments,  are  printed  in  their  entirety  at 
the  end  of  the  book. 

The  only  modifications  of  the  original  charter  by 
these  laws  were  to  correct  certain  minor  matters  in 
certain  details,  which  I  drafted  myself,  and  believed 
would  be  an  improvement  in  the  existing  law. 

The  original  charter  was  not  altered  in  any  respect, 
except  as  given  in  these  laws,  and  these  changes  were 
accepted  by  the  friends  of  the  original  charter. 

^%0  2-<£ 

THOMAS  G.  HAYES, 

Mayor. 


REPORT  OF  COMMISSION. 


BALTIMORE,  January  27,  1898. 

To  the  Honorable  General  Assembly  of  Maryland: 

The  Commission  appointed  pursuant  to  the  ordinance  of 
the  Mayor  and  City  Council  of  Baltimore,  approved  Novem- 
ber 24,  1897,  to  draft  a  new  Charter  for  the  City  of  Baltimore, 
herewith,  as  directed  by  said  ordinance,  respectfully  submit 
the  result  of  their  labors. 

After  mature  deliberation  the  Commission  decided  at  the 
beginning  of  their  work  of  preparing  a  new  organic  Act  for  the 
City  of  Baltimore,  to  be  governed  by  certain  well-defined  and 
recognized  principles  relating  to  municipal  government,  which 
had  been  found  in  other  cities  to  be  beneficial  and  which  it  was 
thought  were  fundamental  and  necessary,  if  there  were  to  be 
an  improvement  on  the  present  law  relating  to  the  City  of  Bal- 
timore. Some  of  these  controlling  principles  were: 

1.  To  locate  responsibility  upon  public  officials  in  such  a 
manner  that  it  could  not  be  evaded. 

2.  To  give  representation  to  the  minority  party  in  all  de- 
partments, when  composed  of  more  than  one  person,  so  that 
an  opportunity  might  be  given  to  the  minority  to  scrutinize  the 
actions  of  the  party  in  power. 

3.  To  hold  municipal  elections  at  a  different  time  from  the 
State  and  Federal  elections,  in  order  to  separate  municipal 
affairs  from   the  influence  of  the  political   issues  which  are 
necessarily  involved  in  State  and  Federal  elections. 


11 

4.  To  require  the  appointment  of  experts  in  all  departments 
where  professional  knowledge  and  skill  are  required. 

5.  To  grant  the  use  of  the  streets  and  other  public  property 
for  limited  terms,  and  to  the  highest  bidder,  subject  to  the  con- 
trol and  regulation  of  the  City  during  the  period  of  the  grant. 

6.  To  check  hasty  legislation,  especially  in  matters  relating 
to  expenditure  of  the  public  moneys,  and  to  prohibit  the  cre- 
ation of  floating  debts. 

7.  To  remove  the  public  school  system  from  all  possible  polit- 
ical influence. 

8.  To  place  the  indigent  sick  and  poor,  when  their  treat- 
ment, care  or  support  is  paid  for  by  the  City,  under  the  super- 
vision of  City  officials. 

The  most  advanced  and  improved  forms. of  municipal  gov- 
ernment, as  far  as  the  Commission  have  been  able  to  ascertain, 
have  had  incorporated  in  them  the  placing  of  the  power  of 
appointment  in  one  person.  It  might  well  be  urged  that  this 
is  conferring  too  much  power  upon  one  man,  that  the  appoint- 
ing power  in  City  government  should  be  distributed;  but  expe- 
rience has  shown  that  by  centralizing  the  appointing  power 
the  responsibility  for  official  conduct  can  at  once  be  definitely 
fixed.  The  Charter  submitted  places  the  power  of  appointing 
the  heads  of  all  departments  and  their  respective  sub-depart- 
ments in  the  chief  executive  of  the  City,  the  Mayor,  where  it 
properly  belongs.  The  Commission  have  not  taken  the  extreme 
position  of  making  the  Mayor  absolute  in  regard  to  this  power 
of  appointment.  His  appointments  must  be  confirmed  by  the 
Second  Branch  of  the  City  Council.  The  power  of  appointing 
all  subordinates  and  employees  in  the  several  departments  ancf 
sub-departments  is  in  each  case  lodged  in  the  head  of  the  de  - 
partment.  The  Commission  have  to  this  extent  endeavored  to- 
carry  out  the  single-executive-head  system,  which  has  been. 


Ill 

tried  in  other  cities  with  good  results.  It  is  hoped  with  this 
system,  as  now  recommended,  the  Mayor  will  be  more  careful 
in  appointing  heads  of  departments  or  sub-departments,  and 
the  various  heads  so  appointed  will  also  be  more  careful  in 
selecting  competent  subordinates. 

The  principle  of  representation  from  the  minority  party  in 
all  departments,  boards  or  commissions,  where  composed  of 
more  than  one  person,  is  carried  out  in  the  proposed  Charter. 
This  will  not  prevent  the  successful  party  at  the  municipal 
•election  from  adopting  and  carrying  out  any  policy  or  reforms 
which,  in  its  judgment,  might  be  right  and  proper,  and  will  in 
no  way  interfere  with  the  administration  of  public  affairs  by 
the  successful  party  ;  but  it  will  afford  to  the  minority  at  all 
times  a  right  of  representation  in  the  City  government,  and 
will  give,  it  an  opportunity  of  scrutinizing  the  actions  of  the 
party  in  power. 

The  feature  of  the  spring  elections  is  designed  for  the  dis- 
tinct purpose  of  separating  the  municipal  elections  from  those 
of  the  State  and  Nation.  It  must  be  conceded  that  in  order  to 
make  a  good  Mayor  of  a  large  and  prosperous  business  centre 
like  Baltimore  there  is  no  inherent  necessity  for  his  belief  in 
one  rather  than  another  of  the  principles  which  separate  the 
leading  political  parties.  These  State  and  National  questions 
are  invariably  discussed  and  made  issues  at  all  the  November 
elections,  and  it  is  difficult  to  remove  from  the  influence  of 
these  discussions  municipal  affairs  when  the  elections  are  held 
at  the  same  time.  The  spring  elections,  it  is  hoped,  will  enable 
the  citizens  of  Baltimore  to  eliminate  everything  from  their 
municipal  campaigns  except  that  which  pertains  to  the  best 
business  administration  of  the  City,  and  will  present  to  the 
voters  an  opportunity  of  electing  such  of  the  municipal  candi- 
dates as  are  most  likely  to  ensure  good  municipal,  government. 


IV 

The  provisions  of  the  Charter  placing  experts  at  the  head  of 
the  various  departments  and  sub-departments  where  profes- 
sional knowledge  is  required,  are  expected  to  secure  to  the  City 
the  best  service  of  men  of  competent  knowledge  and  experi- 
ence in  the  departments  placed  under  their  charge.  The  Com- 
mission have  adopted  the  following  general  provision  wherever 
expert  knowledge  is  required:  "He  must  have  had  at  least  five 
years'  experience  in  the  active  practice  of  his  profession  and 
have  had  responsible  charge  of  work  for  at  least  that  length  of 
time."  Experts  are  required  in  the  following  offices  :  City 
Engineer,  Water  Engineer,  Harbor  Engineer,  Inspector  of 
Buildings,  and  Commissioner  of  Health.  It  was  deemed  advis- 
able for  the  best  interests  of  the  City  to  put  the  entire  subject  of 
public  improvements  under  the  direct  control  and  supervision 
of  a  board  of  experts,  styled  the  Board  of  Public  Improve- 
ments. On  this  Board  the  Charter  submitted,  places  three  civil 
engineers  and  an  architect,  and  all  matters  are  referred  to  them 
when  involving  questions  of  new  public  buildings,  additional 
harbor  facilities,  a  sewerage  system,  extension  or  improvement 
of  streets,  the  erection  of  bridges  and  other  similar  work. 

The  proposed  Charter  requires  that  the  grant  of  franchises  or 
rights  in,  over  or  under  the  streets  or  in  other  public  property 
shall  be  made  for  only  limited  periods  (twenty-five  years),  and 
also  provides  that  in  all  ordinances  granting  such  franchises  or 
rights  provision  can  be  made  for  the  reverting  to  the  City  at 
the  expiration  of  the  grant,  of  the  plant  and  its  appurtenances, 
and  gives  power  to  the  City  to  operate  and  control  the  same,  if  it 
should  prove  desirable.  All  franchises  or  rights  in  the  high- 
ways of  the  City  are  to  be  sold  under  the  supervision  of  the 
Board  of  Estimates.  Under  no  circumstances  can  the  City 
divest  itself  of  the  right  or  power  to  regulate  the  exercise  of  the 
franchise  or  right  granted. 

The  Commission  have  also  endeavored  to  protect  the  public 


interests  in  relation  to  the  finances  of  the  City  by  the  provision 
of  the  proposed  Charter  in  regard  to  the  Board  of  Estimates. 
This  Board  is  composed  of  the  highest  officials  of  the  City  gov- 
ernment, that  is  to  say,  the  Mayor,  who  is  the  chief  executive 
officer  of  the  City  and  elected  by  the  people;  the  City  Solicitor, 
who  is  appointed  by  the  Mayor  and  is  the  head  of  the  Law 
Department,  and  who  will  always  be  a  prominent  member  of 
the  bar;  the  Comptroller,  who  is  also  elected  by  the  people  and 
responsible  to  them,  and  who  is  the  head  of  the  Finance  De- 
partment; the  President  of  the  Second  Branch  of  the  City 
Council,  a  representative  member  from  the  legislative  branch 
of  the  City  government,  and,  finally,  the  President  of  the  Board 
of  Public  Improvements,  who  is  the  City  Engineer,  and  will  be 
an  expert  in  engineering.  It  is  believed  that  by  this  strong  com- 
bination of  leading  City  officials,  representing  every  branch  of 
the  municipal  government,  the  financial  interests  of  the  City 
will  be  carefully  guarded  and  that  the  welfare  of  the  citizens  will 
always  be  the  controlling  motive  in  the  deliberations  and  ac- 
tions of  the  Board.  The  duties  of  this  Board  are  comprehen- 
sive in  their  nature  and  include  the  general  control  of  the 
financial  policy  of  the  City.  In  the  preparation  of  the  lists  of 
"  Departmental  Estimates,"  "  Estimates  for  New  Improve- 
ments" and  "Estimates  for  Annual  Appropriations,"  called  for 
by  the  proposed  Charter,  the  entire  appropriations  of  public 
funds  are  embraced.  It  may,  therefore,  be  expected  that  the 
composition  of  this  Board  of  the  highest  municipal  officers  and 
representatives  of  the  City  government  will  furnish  a  guarantee 
in  the  future  against  extravagance  and  the  reckless  expenditure 
of  public  moneys.  The  provisions  of  the  Charter  submitted  re- 
lating to  the  Board  of  Estimates  are  sufficiently  comprehensive 
to  furnish  to  the  municipality  opportunities  for  a  safe  and  con- 
servative financial  policy  and  to  prevent  the  public  debt  from 
advancing  beyond  a  safe  percentum  of  the  taxable  basis.  Ample 


VI 

provisions  are  made  for  conducting  the  City  government,  and 
no  floating  debt  can  be  created.  The  Board  of  Estimates,  in  the 
ordinance  they  annually  submit,  providing  for  the  expenditures 
by  the  City  for  the  ensuing  year,  take  into  consideration  all  the 
disbursements,  and  if  the  income  is  insufficient  to  meet  these 
expenditures  there  must  be  a  pro  rata  reduction  in  all  depart- 
ments. If  there  is  a  surplus  it  must  be  paid  over  to  the  Fi- 
nance Commissioners  to  be  credited  to  the  general  sinking 
fund.  By  this  provision  it  is  hoped  that  the  sinking  fund  will 
be  greatly  benefited.  When  any  ordinance  for  public  im- 
provements exceeding  in  cost  the  sum  of  $2,000  has  passed  its 
first  reading  in  either  Branch  of  the  City  Council  it  shall  be 
referred  to  the  Board  of  Public  Improvements  for  their  opinion 
as  to  whether  or  not  the  wants  of  the  City  require  the  improve- 
ment mentioned  in  the  ordinance  submitted,  and  when  this 
Board  give  their  report  on  this  ordinance  it  is  then  referred  to 
the  Board  of  Estimates  for  their  opinion  as  to  whether  or  not 
there  is  or  will  be  sufficient  money  in  hand  to  pay  for  the  con- 
templated improvement.  Until  both  of  these  Boards  report 
upon  the  ordinance  it  cannot  become  valid.  It  will  be  readily 
seen  that  in  this  manner  hasty  legislation  will  be  checked,  and 
it  is  probable  that  only  such  ordinances  for  public  improve- 
ments will  be  passed  for  which  there  is  sufficient  cash  on  hand 
to  pay  and  which  the  requirements  of  the  City  demand.  By 
these  provisions  it  is  believed  a  step  will  be  taken  in  the  di- 
rection of  a  regular  and  systematic  reduction  of  the  enormous 
debt  which  now  hangs  over  the  City  of  Baltimore  and  a  check 
placed  upon  the  expenditure  of  its  money,  so  as  to  keep  the  ex- 
penses and  appropriations  of  the  City  government  entirely 
within  its  means. 

The  provisions  of  the  proposed  Charter  relating  to  the  public 
school  system  have  been  framed  after  careful  consideration  and 
research  respecting  the  systems  in  force  in  various  cities  of 
importance.  It  provides  for  the  appointment  of  the  School 


Vll 

Commissioners,  nine  in  number,  by  the  Mayor,  subject  to  con- 
firmation by  the  Second  Branch,  for  a  term  of  six  years  each, 
three  of  them  to  retire  at  the  end  of  every  two  years.  It  is  sub- 
mitted that  a  long  term,  together  with  the  other  provisions 
which,  have  been  inserted,  will  cause  the  affairs  of  the  schools 
of  Baltimore  to  be  administered  by  competent  men,  indepen- 
dent of  partisan  and  ecclesiastical  ties.  The  endeavor  has  been 
made  to  secure  three  things:  First,  oversight  of  the  schools 
by  a  Board  of  Commissioners  so  selected  as  to  ensure  con- 
servative administration  and  full  responsibility  ;  second,  at- 
tention to  the  details  of  school  management  by  a  body  of  quali- 
fied Superintendents,  and,  third,  the  maintenance  of  popular 
interest  in  the  public  schools  by  means  of  a  large  number  of 
local  school  visitors,  one  or  more  of  them  from  the  immediate 
neighborhood  of  each  school-house. 

The  Charter  submitted  gives  to  the  City  a  supervision  over 
all  persons  who  come  under  the  class  of  indigent  sick  and  poor. 
All  money  appropriated  by  the  City  for  the  care  of  its  poor  shall 
be  by  contract  with  the  various  institutions  which  care  and  pro- 
vide for  the  poor  of  Baltimore.  No  money  is  to  be  appropriated 
except  under  contract,  and  the  Supervisors  of  City  Charities 
are  to  have  supervision  over  all  persons  who  are  subjects  of 
municipal  aid. 

The  Legislative  Department  remains  substantially  as  at 
present,  except  that  the  Second  Branch  is  smaller,  and  that 
one-half  are  always  old  and  experienced  members.  The  legis- 
lative functions  of  the  City  Council  are  in  no  wise  impaired. 
Not  one  cent  of  the  pub'lic  money  can  be  spent  until  the  City 
Council,  by  ordinance,  makes  an  appropriation. 

The  Commission  have  had  before  them  the  great  need  of  in- 
creased revenue  to  meet  the  constantly  growing  wants  of  the 
City.  To  this  question  the  members  of  the  Commission  have 
given  their  most  serious  thought.  Taxes  today  are  burden- 
some on  the  owners  of  land  and  houses,  and  to  meet  the  wants 


Vlll 

of  the  City  this  burden  must  be  largely  increased  unless  the 
revenue  of  the  City  can  be  increased  from  other  sources.  The 
Commission  have  proposed  to  so  modify  the  law  as  to  give  to 
the  City  all  the  fees  collected  by  it  from  liquor  licenses.  A  Sup- 
plementary Act  accompanies  the  Charter,  providing  that  the 
counties  shall  retain  the  fees  collected  by  them  from  the  same 
source.  The  Commission  feel  that  they  would  not  be  perform- 
ing their  full  duty  if  they  did  not  urge  upon  the  Legislature  the 
necessity  for  this  change  and  the  adoption  of  the  provisions 
as  to  these  fees  contained  in  the  proposed  Charter. 

Another  Supplementary  Act  provides  for  certain  limitations 
on  the  power  of  the  City  as  to  contracting  debts.  This  pro- 
vision is  a  proper  one  and  should  be  adopted. 

The  Commission  believe  that  the  Charter  herewith  sub- 
mitted will,  if  adopted,  remedy  many  of  the  faults  of  the  old 
law,  and  provide  such  a  law  as  will  materially  contribute  to  the 
future  development  and  prosperity  of  the  great  metropolis  of 
Maryland. 

WILLIAM    PINKNEY    WHYTE,    Chairman, 
FERDINAND   C   LATROBE, 
DANIEL  C.   OILMAN, 
SAMUEL   D.   SCHMUCKER, 
GEORGE  R.   GAITHER,  Jr. 
THOMAS   IRELAND   ELLIOTT, 
THOMAS  G.   HAYES, 
LEWIS   PUTZEL, 

Nezv  Charter  Commission. 
FREDERICK  T.  DORTON,  Secretary. 

BALTIMORE,  February  23,  1898. 

We  have  examined  the  annexed  Charter,  adopted  by  the 
Commission  on  the  27th  of  January,  1898,  and  give  it  our  full 

and  hearty  approval. 

ROBERT   C.    DAVIDSON, 
NICHOLAS   P.    BOND. 


INDEX. 


I.     CHARTER. 

SECTIONS. 

1.  MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE 1-15 

(a)     Corporate     Name,    Power    to     Hold     Property, 

Annex i-5 

(&)     General  Powers 6 

(c)  Franchises 7-13 

(d)  Contracts  with  the  City 14-15 

2.  MAYOR 16-30 

3.  EXECUTIVE  DEPARTMENT 31 

(a)     Department  of  Finance 32 

1.  Comptroller 33-34 

2.  City  Register 35 

3.  Board  of  Estimates 36-40 

4.  Commissioners  of  Finance 41 

5.  City  Collector 42-58 

6.  Collector  of  Water  Rents  and  Licenses 59 

(&)     Department  of  Law 60 

City  Solicitor 61-67 

(c)  Department  of  Public  Safety 68 

1.  Board  of  Fire  Commissioners 69-70 

2.  Commissioner  of  Health 71-78 

3.  Inspector  of  Buildings 79-82 

4.  Commissioner  of  Street  Cleaning 83 

(d)  Department  of  Public  Improvements 84-85 

1.  City  Engineer 86 

2.  Water  Board 87 

3.  Harbor  Board 88 

4.  Inspector  of  Buildings 89 

(e)  Department  of  Public  Parks  and  Squares 90 

Board  of  Park  Commissioners 90-98 

(0     Department  of  Education 99 

Board  of  School  Commissioners 99-102 

(g)     Department  of  Charities  *and  Corrections 103 

1.  Supervisors  of  City  Charities 104-117 

2.  Visitors  to  the  Jail 118-144 

(h)     Department  of  Review  and  Assessments 145 

1.  Appeal  Tax  Court 146-171 

2.  Commissioners  for  Opening  Streets 172-195 


SECTIONS. 

(i)     Division  Embracing  Municipal  Officers  Not  In- 
cluded in  Any  Department 196 

1.  City  Librarian 196-200 

2.  Art  Commission 201-203 

3.  Superintendent  of  Lamps  and  Lighting 204 

4.  Surveyor 205 

5.  Constables 206 

6.  Superintendent  of  Public  Buildings 207 

7.  Public  Printer 208 

4.     LEGISLATIVE   DEPARTMENT. 209-222 

II.     MISCELLANEOUS  LOCAL  LAWS. 

1.  ARBITRATION— COURT  OF 223-225 

2.  ARBITRATION    COMMITTEE   OF   THE   CORN   AND  FLOUR 

EXCHANGE 226-228 

3.  ASSAULT  AND  BATTERY 229-231 

4.  AUCTIONS  232-278 

5.  BILLS  OF  EXCHANGE  AND  PROMISSORY  NOTES 279 

6.  BUILDINGS 280 

7.  CARRIAGES  AND  HORSES 281-293 

8.  CORONERS,  INQUESTS  AND  DEAD   BODIES 294-299 

9.  COURTS 300 

(a)  Superior  Court,  Court  of  Common  Pleas,  and  Bal- 
timore City  Court 300-322 

(&)  Circuit  Court  of  Baltimore  City 323-324 

(c)  Circuit  Court  No.  2  of  Baltimore  City 325-327 

(d)  Criminal  Court  of  Baltimore '  328-351 

0)  Orphans'   Court 352-353 

(0  Register  of  Wills 354-356 

(g)  Clerks  of  Law  Courts  of  Baltimore  City 357-366 

(h)  Clerk  of  the  Criminal  Court  of  Baltimore 367-368 

(i)  Clerk  of  the  Circuit  Court  of  Baltimore  City,  and 

of  the  Circuit  Court  No.  2  of  Baltimore  City. . .  369 

(/)     Salaries  of  Clerks  of  Courts 370-371 

(£)     Criers,  Bailiffs,  Watchmen  and  Stenographers 372-382 

(/)     Sheriff 383-386 

(m)  Witnesses,  Docket  Entries  and  Records 387-388 

(n)    Costs 389 

10.  CRUELTY  TO  ANIMALS 390-394 

11.  DEAF,  DUMB  AND  BLIND 395-400 

12.  DESTROYING  PROPERTY  MALICIOUSLY 401 

13.  ELECTIONS— PRIMARY 402-425 

14.  EXAMINING  ENGINEERS 426-430 


XI 

SECTIONS. 

15.  FERRIES 43I~437 

16.  FINES  AND  FORFEITURES 438-444 

17.  FIRE 445 

(a)     Fire  Department 445-448 

(ft)     Oil  and  Illuminating  Fluids 449-456 

18.  FISH , 457 

19.  GAS  COMPANIES 458-462 

20.  HARBOR,  DOCKS  AND  WHARVES  463 

(a)  Harbor 463-466 

(6)  Docks 467-471 

(c)  Wharfinger  and  Wharves 472-479 

(d)  Harbor  Board 480-485 

21.  HEALTH 486 

(a)     Nuisances 486-492 

(ft)     Chemical  Laboratories 493 

(c)  Commissioners  of  Pharmacy  and  Practical  Chem- 

istry   494-504 

(d)  Seats  for  Female  Employes  in  Stores  or  Factories.  505-506 

(e)  Tenement  and  Lodging  Houses 507-508 

(f)  State     Board     of     Commissioners     of     Practical 

Plumbing 509-515 

22.  HOURS  OF  LABOR        516 

23.  HOUSES  OF  REFUGE  AND  REFORMATION 517-518 

24.  IMMIGRANTS 5I9~53I 

25.  INSPECTIONS,  WEIGHTS  AND  MEASURES 532 

(fl)     Barrels 53^-534 

(ft)     Coal 535-540 

(c)  Gas  Meters 541-543 

(d)  Gaugers  of  Casks  and  Liquors 544-551 

(e)  Hay  and  Straw 552-570 

(f)  Manure 571 

(g)  Steam  Boilers 572-589 

(/O     Wood  Carts 590-599 

26.  JONES'S  FALLS 600-601 

27.  JURORS 602-620 

(a)     Pay  of  Jurors 621 

(ft)     Volunteer  Militia  Exempt  from  Jury  Duty 622 

28.  JUSTICES  OF  THE  PEACE  AND  CONSTABLES 623-649 

29.  LANDLORD  AND  TENANT 650-656 

30.  LEGISLATIVE  DISTRICTS 657 

31.  LICENSES 658 

(a)  Billiards 658-660 

(ft)  Horse  Dealers 661-663 

(c)  Liquors  and  Intoxicating  Drinks 664-691 

(d)  Pawnbrokers 692-693 


Xll 

SECTIONS. 

0)     Merchandise  Brokers 694 

(0     Real  Estate  Brokers 695-700 

(g)     Duties  of  Sheriff 701-702 

32.  MARENERS    AND     CHARITABLE  MARINE    SOCIETY    OF 

BALTIMORE 703 

33.  MARKETS 704-719 

34.  MORTGAGES  :  720-732 

35.  NOTARIES  PUBLIC 733-734 

36.  OYSTERS 735 

37.  PARKS  AND  SQUARES 736-739 

38.  POLICE  COMMISSIONERS 740 

(a)  Organization  of  Force 740-764 

(b)  Matrons  at  Station  Houses 765-768 

(c)  Militia 769 

(d)  Patrol  Wagons 770 

0)     Physicians  to  the  Police  Force 771-773 

(0     Races 774 

(g)     Registration  of  Voters 775 

(/O     Special  Fund 776-780 

(*)     Long  Bridge 781 

(;)     Telegraph  to  House  of  Correction 782 

(fe)     Thieves  and  Pickpockets 783-784 

(/)      Personating  Policemen 785 

(m)     New  Station  Houses 786-788 

39.  PRATT  FREE  LIBRARY 789-790 

40.  RAILROADS 791 

( a )     Safety  Gates 791-792 

(&)     Hours  of  Labor 793-795 

(c)     Street  Railway  Fares 796 

(<f)     Park  Tax 797-800 

( e)     Prohibiting  Tracks  on  Certain  Streets 801 

41.  RECORDS 802-805 

42.  SABBATH 806-807 

43.  SCHOOLS 808 

(a)     Intestates'  Estates 808-813 

(&)     Johns  Hopkins  University 814-815 

(c)     McDonogh  Educational  Fund  and  Institute 816 

44.  SEWERS 817-824 

45.  SHERIFF'S  FEES 825 

46.  STOCKS,  LOANS  AND  FINANCE 826 

47.  STREETS,  BRIDGES  AND  HIGHWAYS 827 

(a)    Opening  Streets 827-837 

(&)      North  Avenue 838 

(c)     Bridges  and  Highways 839-841 

48.  SURVEYOR 842 

49.  TAXES 843 


Xlll 

SECTIONS. 

50.  TENANTS  FOR  YEARS  OR  LESS,  OR  AT  WILL 844-864 

51.  VAGRANTS,  PAUPERS,  BEGGARS,  VAGABONDS  AND  DIS- 

ORDERLY PERSONS 865-880 

52.  VAGRANT  CHILDREN 881-884 

(a)  Boys'  Home 885-887 

(fc)  Dolan  Children's  Aid  Society 888 

(c)  Hebrew  Orphan  Asylum 889 

(d)  Home  of  the  Friendless 890-894 

0)  Protestant  Infant  Asylum 895 

(0     St.  Vincent's  Orphan  Asylum 896-897 

(g)     Henry  Watson  Children's  Aid  Society 898-899 

53.  WAITRESSES  IN  PLACES  OF  PUBLIC  AMUSEMENT 900-901 

54.  WATER 902 

(a)     Lake  Roland,  Reservoirs  and  Dams 902-906 


CHAPTER  123; 


AN  ACT  TO  REPEAL  ARTICLE  4,  ENTITLED 
"  CITY  OF  BALTIMORE,"  OF  THE  CODE  OF  PUB- 
LIC LOCAL  LAWS  OF  MARYLAND,  AND  THE 
SEVERAL  ACTS  AND  PARTS  OF  ACTS  AMEND- 
ATORY THEREOF,  AND  TO  RE-ENACT  SAID 
ARTICLE  4,  WITH  AMENDMENTS,  UNDER  TWO 
SUB-TITLES,  TO- BE  KNOWN  AS  "CHARTER"  AND 
"MISCELLANEOUS  LOCAL  LAWS." 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  Article  4,  entitled  "  City  of  Baltimore,"  of  the  Code 
of  Public  Local  Laws  of  Maryland,  and  the  several  Acts  and 
parts  of  Acts  amendatory  thereof,  be  and  the  same  are  hereby 
repealed,  and  the  said  Article  4  is  hereby  re-enacted,  with 
amendments,  under  two  sub-titles  to  be  known  as  "  Charter  " 
and  "  Miscellaneous  Local  Laws,"  so  as  to  read  as  follows  : 

ARTICLE   IV. 

CITY    OF    BALTIMORE. 
CHARTER. 

MAYOR    AND    CITY    COUNCIL    OF    BALTIMORE. 

Corporate  Name,  Power  to  Hold  Property,  Annex. 

!•  The  inhabitants  of  the  City  of  Baltimore  are  a  corpora- 
tion, by  the  name  of  the  "  Mayor  and  City  Council  of  Balti- 
more," and  by  that  name  shall  have  perpetual  succession,  may 
sue  and  be  sued,  may  purchase  and  hold  real,  personal  and 
mixed  property,  and  dispose  of  the  same  for  the  benefit  of 
said  City,  as  herein  provided,  and  may  have  and  use  a  common 
seal,  which  may  be  altered  at  pleasure. 

2.  All  of  the  property  and  franchises  of  every  kind  be- 
longing to  or  in  possession  of  the  Mayor  and  City  Council  of 


Baltimore  are  vested  in  said  corporation.  The  said  corpora- 
tion may  receive  in  trust,  and  may  control  for  the  purposes  of 
such  trust,  all  moneys  and  assets  which  may  have  been  or  shall 
be  bestowed  upon  it  by  will,  deed  or  any  other  form  of  gift  or 
conveyance  in  trust  for  any  general  corporate  purpose,  or  in 
aid  of  the  indigent  poor,  or  for  the  general  purposes  of  educa- 
tion, or  for  charitable  purposes  of  any  description  within  the 
said  City.  And  the  said  corporation  may  dispose  of,  in  the 
manner  and  upon  the  terms  in  this  Article  provided,  any  prop- 
erty belonging  to  it. 

3«  All  the  provisions  of  the  Constituti9n  of  the  State  and  of 
this  Article  shall  be  applicable  to  the  portions  of  Baltimore 
County,  which,  under  the  terms  and  provisions  of  the  Act  of 
1888,  Chapter  98,  have  been  annexed  to  the  City  of  Baltimore. 
All  streets,  avenues,  or  alleys  lying  in  any  portion  of  Balti- 
more County,  which,  under  the  provisions  of  said  Act  of  1888, 
Chapter  98,  became  a  part  of  Baltimore  City,  and  which 
shall  have  been  legally  condemned  as  streets  under  the  pro- 
visions of  the  Acts  of  Assembly  of  Maryland  relating  to  streets 
in  Baltimore  County,  shall  be  held  to  be  validly  constituted 
streets  of  Baltimore  City  in  all  respects  as  if  the  same  had  been 
legally  condemned  as  such  by  the  Mayor  and  City  Council  of 
Baltimore  ;  and  all  proceedings  for  the  laying  off,  opening, 
grading  and  construction  of  streets,  avenues  or  alleys,  which 
shall  have  been  begun  under  Article  3,  of  the  Public  Local 
Laws,  title  "  Baltimore  County,"  sub-title  "  Streets,"  shall  be 
proceeded  with  and  completed  under  said  Article  and  sub-title. 

4-  Until  the  year  nineteen  hundred,  the  rate  of  taxation  for 
City  purposes  upon  all  landed  property  situated  within  the  said 
territory  annexed  to  Baltimore  City  by^the  Act  of  1888,  Chapter 
98,  and  upon  all  personal  property  liable  to  taxation  in  said  ter- 
ritory, whether  owned  by  persons,  corporations  or  otherwise, 
nnd  upon  which  taxes  would  be  paid  to  Baltimore  County,  if 
said  territory  had  riot  been  annexed  to  the  said  City,  shall  at  no 
time  exceed  the  tax  rate  of  Baltimore  County  for  the  year 
eighteen  hundred  and  eighty-seven  ;  and  until  the  year  nine- 


teen  hundred  there  shall  not  be,  for  the  purposeof  City  taxation, 
any  increase  in  the  present  assessment  of  such  property  as  it  is 
now  assessed  ;  and  all  property  in  the  said  territory  which  is 
not  now  assessed,  but  which  may  be  within  the  same  period 
liable  to  assessment,  shall  be  assessed  at  the  same  rate  as  sim- 
ilar property  is  now  assessed  in  said  territory  ;  and  during  the 
.said  period,  up  to  the  year  nineteen  hundred,  the  City  of  Balti- 
more shall  expend  within  said  territory  an  amount  at  least  equal 
to  the  amount  of  revenue  derived  from  taxation  on  the  basis 
herein  set  forth  from  the  said  territory,  in  affording  to  the  resi- 
dents within  said  territory  the  rights  and  privileges  accorded 
to  and  enjoyed  by  the  residents  within  the  other  wards  of  said 
City;  but  nothing  in  this  section  shall  be  so  construed  as  to 
require  the  expenditure  by  said  City  of  any  greater  sum.  From 
and  after  the  year  nineteen  hundred,  the  property,  real  and 
personal,  in  the  said  territory  so  annexed  shall  be  liable  to  tax- 
ation and  assessment  in  the  same  manner  and  form  as  similar 
property  within  the  other  wards  of  said  City  may  be  liable; 
provided,  however,  that  after  the  year  nineteen  hundred,  the 
Baltimore  County  rate  of  taxation  for  the  year  eighteen  hun- 
•dred  and  eighty-seven  shall  not  be  increased  for  City  purposes 
on  any  landed  property  within  the  said  territory  untH  avenues, 
streets  or  alleys  shall  have  been  opened  and  constructed 
through  the  same,  nor  until  there  shall  be  upon  every  block  of 
.ground  so  to  be  formed,  at  least  six  dwelling  or  store  hordes 
ready  for  occupation. 

5-  The  annexation  to  the  City  of  Baltimore  of  the  territory 
described  in  the  Act  of  1888,  Chapter  98,  shall  not  affect  the 
right  of  any  turnpike  or  toll-road  company  heretofore  chartered 
by  this  State  from  collecting  tolls  upon  such  parts  of  their  said 
Toads  as  lie  within  said  territory,  nor  shall  any  provision  in  the 
charter  of  said  companies  which  prohibits  the  erection  of  a 
toll-gate  within  one  mile  of  Baltimore  City,  operate  to  require 
the  removal  of  any  toll-gates  now  located  within  said  territory. 
But  the  Mayor  and  City  Council  of  Baltimore  shall  have  the 
power  to  purchase  or  condemn  from  said  companies  such  por- 
tions of  their  several  turnpike  roads  as  He  within  the  City,  or  to 


arrange  with  the  said  companies  for  the  removal  of  their  turn- 
pike gates  beyond  the  City  limits,  and  to  appropriate  such,, 
sums  of  money  as  may  be  necessary  to  carry  out  these  objects.. 

General  Powers. 

6-     The  Mayor  and  City  Council  of  Baltimore  shall  have- 
full  power  and  authority: 

Buildings, — To  direct  in  what  part  of  the  City  of  Baltimore- 
buildings  of  wood  shall  not  be  erected.  To  regulate  and  estab- 
lish the  size  of  bricks  that  are  to  be  used  in  the  houses  to  be  built 
in  the  City  of  Baltimore.  To  provide  for  the  entry  into  and. 
examination  of  all  dwellings,  lots,  yards,  enclosures  and  build- 
ings, cars,  boats  and  vehicles  of  every  description,  to  ascertain 
their  condition  for  health,  cleanliness  and  safety;  for  the  taking  - 
down  and  removal  of  buildings,  walls,  structures  or  super- 
structures that  are  or  may  become  dangerous,  or  to  require 
owners  to  remove  them  or  put  them  into  a  safe  and  sound  con- 
dition at  their  own  expense.  To  regulate  the  building  and 
maintenance  of  party  walls,  partition  fences,  parapet  and  fire 
walls,  smoke  flues,  fire-places,  hot-air  flues,  boilers,  kettles, 
smoke  stacks  and  stove-pipes.  To  provide  for  and  regulate  the- 
safe  construction,  inspection  and  repairs  of  all  private  and  pub- 
lic buildings  within  the  City  ;  and  to  compel  the  consumption 
of  smoke,  and  make  such  regulations  as  may  be  deemed  neces- 
sary to  prevent  the  same  from  becoming  deleterious  or  offen- 
sive to  health.  To  regulate,  restrain  or  prohibit  the  erection  of" 
wooden  or  frame  buildings  within  the  present  limits  of  the 
City  and  to  remove  the  same  at  the  owner's  expense  when 
erected  or  suffered  to  remain  contrary  to  law  or  ordinance.  To 
regulate  the  height,  construction  and  inspection  of  all  new 
buildings  hereafter  erected  in  said  City  ;  and  the  alteration  and 
repairs  of  any  buildings  already  erected  or  hereafter  to  be 
erected  in  said  City,  and  the  ordinance  regulating  the  construc- 
tion and  inspection  of  buildings  in  said  City,  passed  by  the  City 
Council  and  approved  by  the  Mayor  October  23,  1891,  is 
hereby  authorized  and  legalized,  in  the  same  manner  as  if  full 
authority  had  been  given  by  the  General  Assembly  for  the  pas- 
sage of  the  same  prior  to  its  enactment.  To  regulate  the  limits-. 


•svithin  which  it  shall  be  lawful  to  erect  steps,  porticoes,  bay 
•windows  or  other  structural  ornaments  to  houses  fronting  on 
-any  of  the  streets,  lanes  or  alleys  of  said  City. 

Carriages. — To  license  and  regulate  all  carriages  and  other 
vehicles  owned  or  used  for  the  purpose  of  business  or  pleasure, 
.and  also  all  hackney  coaches,  carriages,  carts,  drays,  omnibuses, 
wagons  and  other  vehicles,  kept  for  hire  or  hired  in  said  City; 
;and  also  to  license  and  regulate  the  employment  of  all  hackmen, 
-draymen,  wagoners,  carters,  porters  and  watermen,  plying  for 
hire  within  the  limits,  and  to  pass  all  necessary  and  proper  regu- 
lations respecting  the  same  ;  provided,  however,  that  all  rev- 
enue arising  from  said  licenses  shall  be  applied  to  the  paving  or 
Tepaving  of  the  public  highways  of  the  City.  Every  carriage, 
coach,  or  other  vehicle  moved  by  horses  or  other  animal  power, 
which  shall  be  used  for  the  conveyance  of  persons  within  the 
'City  of  Baltimore  for  hire  or  compensation,  shall  be  deemed  a 
'hackney  carriage.  To  regulate  the  breadth  of  the  wheels  of 
wagons,  carts  and  drays  to  be  used  for  hauling  burdens  on  the 
•streets  of  said  City,  but  such  regulations  shall  not  affect  per- 
.sons  hauling  produce  to  said  City. 

Chimneys. — To  license  and  regulate  the  sweeping  of  chimneys 
:and  fix  the  rates  thereof,  and  to  regulate  the  sweeping  of  any 
•chimney  by  the  neglect  of  which  the  City  may  be  endangered, 
and  to  ascertain  and  regulate  the  width  of  those  to  be  built  in  the 
City. 

Condemnation  of  Property. — To  acquire,  by  purchase  or  con- 
•demnation,  any  land  or  property,  or  any  interest  therein,  which 
it  may  require  for  school-houses,  engine-houses,  courthouses, 
•markets,  streets,  bridges  and  their  approaches,  the  establish- 
ment or  enlargement  of  parks,  squares,  gardens  or  other  public 
places,  or  for  any  other  public  or  municipal  purpose,  and  may 
provide  such  methods  of  condemnation  of  any  land  or  property, 
or  interest  therein,  situated  wholly  or  partly  within  the  City  of 
Baltimore,  as  it  may  deem  proper;  under  such  procedure  as 
it  may  adopt,  it  shall  provide  for  reasonable  notice  to  the  owner 
-or  owners,  and  for  appeals  to  the  Baltimore  City  Court,  by  any 
person  interested,  including  the  Mayor  and  City  Council  of 


Baltimore,  from  the  decision  of  any  Commissioners  or  other 
persons  appointed  to  value  any  such  land  or  property,  or  interest 
therein.  Nothing  herein  contained  shall  be  construed  as  de- 
priving the  City  of  any  power  of  condemnation  for  any  purpose 
already  vested  in  it. 

Fire. — To  establish  and  regulate  fire  wards  and  fire  compa- 
nies, and  all  matters  pertaining  to  the  prevention  and  extin- 
guishment of  fires.  To  appropriate  a  sum  of  money  annually 
for  the  relief  of  disabled  and  superannuated  firemen,  for  the  re- 
lief of  the  widows  and  children  of  firemen  who  have  been  killed 
in  the  discharge  of  duty,  and  to  provide  by  general  ordinance 
for  giving  pensions  to  employees  of  the  Baltimore  Fire  De- 
partment who  may  become  unable  to  perform  further  service,. 
by  reason  of  age,  or  other  physical  or  mental  disabilities.  To 
retire  from  office  in  the  Fire  Department  any  permanent  or 
called  member  thereof  who  has  become  permanently  disabled 
while  in  the  actual  performance  of  duty,  or  has  performed 
faithful  service  in  the  department  for  a  period  of  not  less  than 
twenty  consecutive  years,  and  placing  the  member  so  retired 
upon  a  pension  roll,  the  amount  of  annual  pension  to  each  pen- 
sioner to  be  an  amount  equal  to  one-half  the  yearly  amount 
then  being  received  by  him,  for  service  in  said  department  at 
the  time  of  such  retirement,  per  annum,  payable  in  monthly 
installments.  To  appropriate  annually  such  sums  of  money  as 
shall  be  sufficient  to  pension  all  such  members  of  the  Fire  De- 
partment as  shall  be  upon  the  pension  roll.  To  regulate  the 
evil  and  pernicious  practice  of  firing  or  discharging  crackers 
within  the  limits  of  said  City,  either  by  prohibiting  sale  of  the 
crackers  or  otherwise.  To  erect  and  provide  magazines  for  the 
storage  of  gunpowder  brought  to  the  City,  and  to  compel  the 
storage  of  same  therein,  and  to  regulate  the  price  of  said  stor- 
age. To  regulate  the  storage  of  naval  stores  and  other  com- 
bustible matter  in  such  quantities  or  in  such  places  in  the  City 
as  may  be  deemed  dangerous.  To  provide  for  the  inspection 
of  oils  or  fluids  made  from  petroleum  or  its  products,  to  be  used 
for  illuminating  purposes,  offered  for  sale  in  the  City  of  Balti- 
more, and  for  the  appointment  of  inspectors  for  that  purpose, 
and  to  impose  such  fines  and  penalties  as  it  may  deem  neces- 
sary and  proper  in  the  premises.  To  fix  by  ordinance  the 


standard  or  flashing  point  of  oils,  of  fluids  made  from  petroleum 
or  its  products,  used  for  illuminating  purposes,  and  offered  for 
sale  in  said  City,  and  to  provide  for  the  inspection  of  the  same, 
and  for  the  appointment  of  inspectors  for  that  purpose. 

Fish. — To  regulate  the  sale  or  disposition  of  fish  within  the 
limits  of  the  City  of  Baltimore;  to  impose  fines  or  penalties  for 
the  violation  of  any  regulation  it  may  establish. 

Fruits,  Meats,  Vegetables  and  Other  Articles. — To  license  and 
regulate  the  sale  of  fresh  fruits,  meats,  vegetables  and  all  other 
perishable  articles  in  the  City  of  Baltimore. 

Harbor,  Docks  and  Wharves. — To  provide  for  the  preserva- 
tion of  the  navigation  of  the  Patapsco  River  and  tributaries,  in- 
cluding the  establishment  of  lines  outside  the  limits  of  said  City 
and  within  four  miles  thereof,  beyond  which  no  pier,  bulkhead 
or  wharf  maybe  built  or  extended;  and  for  cleaning  and  deepen- 
ing the  harbor,  docks  and  basin,  and  for  regulating  the  station- 
ing, anchoring  and  mooring  of  vessels,  and  to  make  such  rules 
and  regulations  from  time  to  time  respecting  same;  to  make 
surveys  or  charts  of  the  basin,  harbor  and  river  Patapsco,  and 
to  ascertain  the  depth  and  course  of  the  channel  of  same,  and  if 
necessary,  affix  buoys  or  water  marks  for  facilitating  and  ren- 
dering more  safe  the  navigation  thereof.  To  prohibit  any  per- 
son or  persons  from  throwing  into  the  Patapsco  River  or  any 
of  the  branches  thereof,  any  earth,  sand  or  dirt,  or  laying  out  on 
the  beach  or  shore  of  said  river,  below  common  high-water 
mark,  any  earth,  sand  or  dirt,  unless  such  earth,  sand  or  dirt  be 
first  well  secured  by  stone  walls,  dove-tailed  log  pens,  or  other- 
wise, so  that  no  part  thereof  may  wash  into  said  river  or  the 
branches  thereof.  To  cause  the  basin  and  harbor,  and  such 
parts  thereof  as  it  may  deem  proper,  to  be  cleansed,  scoured, 
cleared  and  ballasted,  and  all  obstructions  in  and  upon  the  same, 
whether  from  vessels  sunken  or  any  other  cause,  to  be  removed, 
and  may  levy  reasonable  port  fees  on  every  vessel  entering 
or  clearing  from  said  port.  To  make  such  regulations  as  it 
may  deem  proper  respecting  wharves  and  wharfage,  and  the 
keeping  of  wharves  in  repair,  so  as  to  prevent  their  injuring  the 
harbor  and  basin,  and  for  preventing  vessels  from  casting  filth 


8 

or  ballast  into  the  same,  and  to  prevent  filth,  earth  or  soil  from 
being  thrown  from  the  wharves  or  land  into  said  basin  or  har- 
bor, so  as  to  fill  up  the  same  or  obstruct  the  navigation  thereof. 
To  impose  such  fines  for  the  breach  of  any  ordinance  or  ordi- 
nances passed  in  conformity  therewith,  not  exceeding  one  hun- 
dred and  fifty  dollars.  To  assess,  levy  and  collect  on  every 
thousand  feet  of  lumber  floating  into  or  arriving  at  the  Port  of 
Baltimore  and  washed  therein,  a  sum  not  exceeding  thirty  cents 
per  thousand  feet,  board  measure  (except  all  lumber  floating 
into  or  arriving  at  said  port  for  the  purpose  of  being  sawed  in 
said  City  or  its  vicinity,  and  all  timber  to  be  used  for  masts,  spars 
and  wharfing  timber),  to  be  appropriated  and  applied  by  the 
Mayor  and  City  Council  of  Baltimore  for  carrying  into  effect 
the  rules  and  regulations  which  it  may  from  time  to  time  make 
respecting  said  harbor  and  port.  To  provide  for  the  appoint- 
ment of  as  many  Harbor  Masters,  or  other  officers  or  agents  as 
may  be  necessary  to  execute  the  foregoing  powers.  To  collect 
or  impose  a  tax,  duty,  toll  or  wharfage  upon  any  goods,  wares 
or  merchandise,  or  other  articles,  for  passing  the  same  over  any 
of  the  public  wharves  within  the  City  of  Baltimore,  and  ihe  said 
corporation  may  regulate  the  time  during  which  any  goods, 
wares,  merchandise  or  other  articles  may  remain  on  said  public 
wharves,  or  the  time  which  the  vessels,  boats  or  scows  taking 
in  or  discharging  such  goods,  wares  or  merchandise  shall  re- 
main at  said  wharves.  To  regulate,  establish  and  collect  such 
rate  of  wharfage  as  it  may  think  reasonable  from  all  vessels 
resorting  to,  lying  at,  depositing  or  transporting  goods  or  ar- 
ticles on  any  wharf  belonging  to  the  City,  or  any  public  wharf 
in  said  City,  other  than  wharves  belonging  to  or  rented  by  the 
State,  and  that  part  of  Pratt  Street  wharf  reserved  for  the  use 
of  the  State. 

Health. — To  preserve  the  health  of  the  City.  To  prevent  and 
remove  nuisances.  To  prevent  the  introduction  of  contagious 
diseases  within  the  City,  and  within  three  miles  of  the  same  upon 
land,  and  within  fifteen  miles  thereof  upon  the  navigable  waters 
leading  thereto.  To  regulate  the  places  of  manufacturing 
soap  and  candles,  the  erecting  of  slaughter-houses  and  distil- 
leries, and  where  every  other  offensive  trade  may  be  carried  on. 
To  regulate  the  construction,  care,  use  and  management  of  ten- 


ement  houses,  lodging  houses  and  cellars  in  the  City  of  Balti- 
more, for  the  better  protection  of  the  lives  and  health  of  the 
inmates  dwelling  therein. 

Hospitals. — To  erect  or  establish  houses  of  correction,  alms- 
houses,  reformatories,  hospitals  or  pest-houses,  within  or  with- 
out the  City,  if  necessary,  and  make  all  regulations  for  the  gov- 
ernment of  the  same. 

Inspections. — To  establish  and  regulate  inspections  within  the 
City.  To  make  the  standard  of  weights  and  measures  the  same 
in  the  City  of  Baltimore  as  in  the  rest  of  the  State,  and  enforce 
the  same  by  inspection.  To  regulate  and  fix  the  assizing  of 
bread.  To  provide  by  ordinance  for  the  proper  inspection  of 
milk  or  any  and  all  other  food  products  offered  for  sale  in  the 
City  of  Baltimore  or  intended  for  consumption  therein;  to  make 
and  from  time  to  time  to  alter  such  regulations  in  regard  to  the 
sale  of  milk  or  any  or  all  other  food  products  as  to  it  may  seem 
necessary  to  protect  the  public  health;  and  to  provide  by  fine 
of  not  more  than  one  hundred  dollars  for  each  offence,  for  the 
punishment  of  violations  against  such  regulations  and  ordi- 
nances ;  to  provide  for  such  number  of  inspectors  or  analysts  as 
it  may  deem  necessary,  and  to  fix  their  duties  and  compensa- 
tion, and  from  time  to  time  to  change  the  number,  duties  and 
compensation  of  the  said  inspectors  and  analysts.  To  provide 
by  ordinance  for  the  proper  inspection  of  all  the  bakeries,  bake 
shops,  candy  factories,  confectioneries  or  other  places  for  the 
manufacture  of  bread,  cakes,  confectionery  and  similar  food 
products,  for  the  purpose,  more  especially,  of  ascertaining  their 
sanitary  condition  and  cleanliness,  and  for  the  purpose  of  ascer- 
taining the  purity,  healthfulness  and  wholesomeness  of  the 
flour,  sugar,  butter,  lard  and  other  ingredients  used  in  making 
such  bread,  cakes,  confectionery  and  other  articles  of  food 
offered  for  sale  in  the  City  of  Baltimore,  or  intended  for  con- 
sumption therein;  to  make  and  from  time  to  time  alter  such 
regulations  or  ordinances  in  regard  to  the  sale  of  said  food 
products  as  to  it  may  seem  necessary  to  protect  the  public 
health,  and  to  provide  by  fine  of  not  less  than  twenty  dollars  nor 
more  than  one  hundred  dollars  for  each  offence  for  the  punish- 
ment of  violations  against  such  regulations  and  ordinances ;  to 


10 

provide  for  such  number  of  inspectors  and  analysts  as  it  may 
deem  necessary,  and  to  fix  their  duties,  qualifications  and  com- 
pensation. 

Jail. — To  own,  regulate  and  control  the  Jail  of  Baltimore 
City. 

Jones's  Falls. — To  make  such  improvements  in  connection, 
with  Jones's  Falls  as  in  its  judgment  are  desirable,  and  for 
this  purpose  to  change  the  course,  lines  and  boundaries  of  said 
stream,  in  whole  or  part;  to  widen  and  deepen  the  same;  to  lay 
out  and  construct  on  the  sides  and  adjacent  to  said  stream, 
streets,  avenues  and  wharves;  to  construct  all  such  sewers. and 
drains  in  said  City  as  shall  be  deemed  requisite  in  connection 
with  said  improvement ;  and  generally  to  do  all  such  things,  and 
exercise  all  such  powers  as,  in  its  judgment,  shall  be  necessary 
to  be  done  and  exercised  for  the  accomplishment  of  any  plans 
for  the  improvement  of  Jones's  Falls  which  have  been  or  may 
be  adopted  by  it.  To  have  power  at  any  time  to  acquire  all 
property  of  every  kind  and  description  which  may  be  necessary 
or  advisable,  in  its  judgment,  to  acquire,  for  the  accomplish- 
ment of  the  purposes  mentioned,  and  shall  moreover  have  full 
power  to  provide  for  the  ascertainment  of  the-value  of  all  prop- 
erty and  rights  of  property  which  it  is  thus  authorized  to  acquire,, 
and  to  ascertain  whether  any  and  what  amount,  in  value,  of  dam- 
ages will  be  caused  by  the  construction  of  the  aforesaid  works  of 
improvement  in  connection  with  Jones's  Falls,  or  any  of  them, 
to  the  owner  or  possessor  of  any  property,  or  rights  of  prop- 
erty, within  the  said  City,  for  which  the  owner  or  possessor 
ought  to  be  compensated,  and  to  ascertain  what  amount  of  ben- 
efits will  be  caused  by  the  construction  of  the  aforesaid  works 
of  improvement,  or  any  of  them,  to  the  owner  or  possessor  of 
any  property,  or  rights  of  property,  for  which  said  owner  or 
possessor  ought  to  pay  a  compensation,  and  to  provide  for 
assessing  or  levying,  either  generally  on  the  whole  assessable 
property  of  the  City,  or  especially  on  the  property  of  persons 
benefited,  the  whole  or  any  part  of  the  damages  and  expenses 
which  it  shall  be  ascertained  will  be  incurred  in  constructing 
such  works  in  connection  with  the  improvement  of  Jones's 
Falls,  as  it  has  determined  or  shall  determine  to  make.  To  pro- 


11 

vide  for  granting  appeals  to  Baltimore  City  Court  from  the 
decision  of  any  Commissioners,  or  other  persons  appointed  by 
virtue  of  any  ordinance,  to  ascertain  the  value  of  the  property 
which  the  City  may  wish  to  acquire  for  the  purposes  aforesaid, 
or  the  damages  which  will  be  caused,  or  the  benefits  which  will 
accrue,  by  the  construction  of  the  aforesaid  works  of  improve- 
ment, and  to  secure  to  every  owner  or  possessor  of  any  property, 
or  right  of  property,  which  it  may  thus  purpose  to  acquire,  or 
which  may  thus  be  decided  to  be  damaged  or  benefited,  the 
right,  on  application  within  a  time  to  be  prescribed  by  ordi- 
nance, to  have  decided  by  a  jury  trial,  the  true  value  of  the 
property  proposed  to  be  acquired  for  the  purposes  aforesaid, 
and  whether  any  and  what  damage  will  be  caused,  or  any  and 
what  benefits  will  accrue  to  the  owner  or  possessor  of  the  prop- 
erty so  assessed  for  damages  or  benefits  respectively,  and  to 
provide  for  collecting  and  paying  over  the  amount  of  compen- 
sation adjudged  to  each  person  entitled,  or  invest  it  in  the  stock 
of  the  said  City,  for  the  use  of  the  person  so  adjudged  to  be  enti- 
tled to  the  same,  and  to  provide  for  collection,  by  the  sale  of  the 
property  assessed,  or  otherwise,  of  all  sums  assessed  as  benefits 
aforesaid,  and  generally  to  enact  and  pass  all  ordinances,  from 
time  to  time,  which  shall  be  deemed  necessary  and  proper  to  ex- 
ercise the  powers  and  effect  the  objects  for  the  exercise  and  ac- 
complishment of  which  this  paragraph  of  this  section  is  passed. 
To  define  and  locate  the  limits  of  Jones's  Falls  within  the  City 
of  Baltimore,  and  to  acquire  by  purchase  or  condemnation, 
under  proceedings  for  which  provision  is  made  in  this  Article,, 
the  absolute  and  exclusive  right  and  title  to  all  the  lands  and 
rights  of  property  embraced  within  the  said  limits,  and  in  the 
ground  covered  by  all  streets  or  avenues  which  it  may  lay  out 
and  condemn  on  the  sides  of  the  stream,  and  it  shall  have  an 
estate  in  fee  simple  in  the  same.  It  shall  have  power 
and  is  authorized  to  construct  wharves  or  quays  along 
the  margin  of  said  stream,  or  use  the  said  streets  or  ave- 
nues for  wharf  or  quay  purposes,  and  collect  tolls  or 
wharfage  from  all  vessels  or  boats  using  the  same.  To  make 
such  changes  in  the  grades  of  the  streets  in  the  City  of  Balti- 
more as  shall,  in  its  judgment,  be  necessary  for  the  proper  con- 
struction of  works  connected  with  the  improvement  of  Jones's 
Falls,  which  it  may  determine  to  construct,  and  it  shall  not  be 


12 

necessary,  in  order  to  make  such  changes  in  the  grades  of 
streets,  to  obtain  the  consent  of  any  of  the  proprietors  of  the 
,ground  fronting  on  said  streets,  or  affected  by  such  changes. 
To  make  such  provisions  as  it  shall  deem  best  for  defraying  the 
cost  of  grading  and  paving  of  any  streets  or  avenues  which  it 
may  lay  out  and  condemn  along  the  margin  or  side  of  Jones's 
Falls.  To  issue  bonds  to  an  amount  not  exceeding  two  mil- 
lions five  hundred  thousand  dollars,  from  time  to  time,  as  the 
same  may  be  required  in  the  course  of  the  construction  of  the 
works  connected  with  the  improvement  of  Jones's  Falls,  for 
the  construction  of  which  provision  is  made  by  the  ordinance 
of  the  Mayor  and  City  Council  of  Baltimore,  entitled,  "An  ordi- 
nance to  provide  for  the  improvement  of  Jones's  Falls  within 
the  limits  of  the  City  of  Baltimore,  and  to  open  avenues  and 
•construct  sewers  on  the  borders  thereof,"  the  said  bonds  to  be 
issued  in  sums  of  not  less  than  one  hundred  dollars  each,  re- 
deemable in  thirty  years,  and  bearing  interest  at  6  per  cent,  per 
-annum,  payable  quarterly,  transferable  as  other  City  bonds,  as 
provided  in  sections  one  and  two  of  an  ordinance  of  the  Mayor 
and  City  Council  of  Baltimore,  entitled,  "An  ordinance  to  au- 
thorize the  issuing  of  bonds  of  the  City  of  Baltimore,  for  the 
purpose  of  providing  means  for  the  improvement  of  Jones's 
Falls,"  approved  January  31,  1870;  provided,  that  said  bonds 
shall  not  be  issued  unless  the  last  mentioned  ordinance  shall  be 
approved  by  the  votes  of  a  majority  of  the  legal  voters  of  the 
said  City,  cast  at  the  time  and  places  provided  for  in  the  last 
mentioned  ordinance.  To  compel  any  individuals,  companies 
or  bodies  politic,  owning  property  binding  on  Jones's  Falls, 
within  the  limits  of  the  City,  to  wall  up  such  property,  so  far 
as  the  same  may  bind  on  the  falls,  with  a  good  and  sufficient 
stone  wall,  to  such  height  as  in  its  judgment  the  public  good 
may  require,  and  to  have  the  same  backed  up  or  filled  in  with 
earth,  so  as  to  secure  the  same  and  the  adjacent  property  from 
danger  of  being  inundated  with  water;  and  whenever  it  may 
deem  necessary,  to  compel  individuals,  companies  or  bodies 
politic,  to  rebuild  or  repair,  in  a  good  and  sufficient  manner, 
any  stone  wall  owned  by  them  and  binding  on  Jones's  Falls 
within  the  limits  of  the  City  of  Baltimore ;  and  should  any  indi- 
viduals, companies  or  bodies  politic  neglect  or  refuse  to  wall  up 
Jones's  Falls,  rebuild  or  repair  any  such  wall  within  the  limits  of 


13 

the  City  of  Baltimore,  when  required  so  to  do,  the  said  City 
may  cause  the  same  to  be  done,  and  it  is  authorized  and  empow- 
ered to  recover  the  cost  of  such  wall,  rebuilding  or  repairing,,, 
by  suit  at  law,  from  the  party  who  may  have  refused  or 
neglected  to  build,  rebuild  or  repair  such  wall;  and  the  cost  of 
such  wall  shall  be  a  lien  on  the  property  so  walled  up  or 
repaired. 

Licenses. — To  license,  tax  and  regulate  all  businesses,  trades,.         •— } 
avocations  or  professions.     To  license,  regulate,  tax  or  sup- 
press hawkers,  peddlers,  brokers,  pawnbrokers,   intelligence 
offices,  street  exhibitions  or  fortune-tellers. 

Markets. — To  erect,  regulate,  control  and  maintain  markets- 
and  stalls  within  the  City  of  Baltimore,  and  to  regulate  and  con- 
trol the  sale  of  all  goods,  wares,  merchandise  or  other  articles, 
therein.  To  lease,  sell  or  dispose  of  any  stalls  or  stands  in  any 
market,  in  such  manner  and  upon  such  terms  as  it  may  think 
proper.  To  contract  for,  purchase,  lease  and  hold  to  it  and  its 
successors,  in  fee  simple,  or  for  a  term  of  years,  renewable  from 
time  to  time  forever,  any  lands,  tenements  and  their  appurte- 
nances in  the  vicinity  of  any  market  for  the  purpose  of  extend- 
ing same.  To  condemn  any  land  or  other  property  or  any 
interest  in  land  or  other  property  for  market  purposes  in 
the  mode  provided  in  this  Article.  To  levy  and  collect  all 
costs,  damages  and  expenses  incurred  by  the  condemnation 
proceedings  aforesaid.  The  clerks  of  the  markets  shall  have 
full  power  and  authority  to  seize  by  distress  any  meats,  vege- 
tables or  other  articles  upon  any  stall  or  stand  in  the  market- 
houses  of  the  City  of  Baltimore,  if  the  person  or  persons  owning 
such  stall  or  stand  shall  not  pay  the  rent  due  thereon,  and  they 
shall  also  collect  all  fines  and  forfeitures  imposed  by  this  Article 
or  ordinances  relating  to  markets,  and  account  for  the  same 
to  the  Mayor  and  City  Council  of  Baltimore.  To  levy  and 
collect  all  the  costs,  damages  and  expenses  awarded  in  any  con- 
demnation proceeding  provided  for  in  this  Article,  for  the  ex- 
tension or  construction  of  any  market  or  markets  in  the  City 
of  Baltimore. 

Parks. — To  establish,  maintain,  control  and  regulate  parks 
or  squares  in  the  City  of  Baltimore,  for  the  recreation  and  ben- 


14 

-efit  of  its  citizens.     The  resolution  of  the  Mayor  and  City  Coun- 
cil of  Baltimore,  appointing  a  Commission  in  relation  to  the 
proposed  public  parks,  approved  June  4,  1860,  and  the  ordi- 
nance of  the  Mayor  and  City  Council  of  Baltimore,  to  provide 
for  a  public  park  or  parks,  approved  June  21,  1860,  are  con- 
firmed ;  and  all  acts  done,  or  which  may  hereafter  be  done,  by 
the  said  Mayor  and  City  Council  of  Baltimore,  or  the  officers  of 
said  City,  or  the  Park  Commission  acting  under  the  provi- 
sions of  the  said  resolution  and  ordinance,  shall  have  the  same 
effect  as  if  the  said  Mayor  and  City  Council  of  Baltimore,  prior 
to  the  passage  of  said  resolution  and  ordinance,  had  been  ex- 
pressly empowered,  by  Act  of  the  General  Assembly,  to  enact 
a  resolution  and  ordinance  in  the  precise  terms  of  said  resolu- 
tion and  ordinance,  and  to  provide  for  carrying  the  same  into 
effect.     All   the   rights,   privileges    and   authority    heretofore 
granted,  by  ordinance,  to  the  Park  Commission,  are  hereby 
transferred  to  the  Board  of  Park  Commissioners  as  constituted 
in  this  Article.     The  Board  of  Park  Commissioners  be  and 
hereby  is  authorized  and  empowered,  upon  and  immediately 
after  the  execution  and  delivery,  by  the  owners  thereof,  of  the 
deed  hereinafter  referred  to,  to  the  Mayor  and  City  Council  of 
Baltimore,  to  assume  exclusive  jurisdiction  and  control  over 
the  public  highway  known  as  Green  Spring  Avenue  Road,  ex- 
tending from  the  north  entrance  of  Druid  Hill  Park,  through 
parts  of  Baltimore  City  and  parts  of  Baltimore  County,  to  the 
Western  Run  bridge  in  Baltimore  County,  with  full  power  in 
said  Board  of  Park  Commissioners  to  regulate  the  use  of  the  said 
Green  Spring  Avenue  Road  as  a  highway,  and  to  prescribe  the 
hours  when  and  the  manner  in  which  manure  carts,  hay  wagons 
and  all  or  any  other  description  of  vehicles  may  use  the  same, 
and  to  prescribe  fines  and  penalties  for  the  violation  of  such 
regulations,   in  the  same  manner  as   it  prescribes  fines  and 
penalties  for  violations  of  the  public  park  regulations.     The 
owners  of  said  Green  Spring  Avenue  Road  are  hereby  author- 
ized to  grant,  and  the  Mayor  and  City  Council  of  Baltimore  are 
hereby  authorized  to  accept  from  said  owners,  a  good  and  suffi- 
cient deed  for  the  bed  of  said  road,  subject  to  the  rights  of  the 
adjacent  property-holders  to  use  the  same  as  a  highway.     From 
and  immediately  after  the  acceptance  by  the  Mayor  and  City 
Council  of  Baltimore,  of  the  deed  mentioned  above,  all  obliga- 


15 

tion  and  duty  upon  the  part  of  either  the  owners  of  said  Green 
Spring  Avenue  Road  or  of  the  public  authorities  of  Baltimore 
County,  to  keep  or  maintain  said  road  in  repair,  shall  cease, 
and  from  and  immediately  after  said  time,  the  sole  obligation  to 
keep  and  maintain  said  road  in  repair,  shall  rest  upon  the  Mayor 
and  City  Council  of  Baltimore.  The  Board  of  Park  Commis- 
sioners, as  herein  provided  for,  shall  have  all  the  rights,  powers 
and  authority  as  are  specifically  set  forth  in  this  paragraph  of 
this  section  and  elsewhere  in  this  Article,  and  all  rights,  powers 
and  authority  are  hereby  granted  to  the  Mayor  and  City  Coun- 
cil of  Baltimore  to  make  such  other  and  further  rules  and  regu- 
lations as  it  may  deem  proper  for  the  maintenance  of  all  parks 
and  squares  within  the  City  of  Baltimore  not  inconsistent  with 
this  Article. 

Police. — To  appropriate  a  sum  of  money  annually  for  the  re- 
lief of  disabled  and  superannuated  members  of  the  police  force 
of  Baltimore  City,  and  for  the  relief  of  widows  and  children  of 
policemen  who  may  be  killed  in  the  discharge  of  duty. 

Police  Power. — To  pass  ordinances  for  preserving  order,  and 
securing  property  and  persons  from  violence,  danger  and  de- 
struction, protecting  the  public  and  City  property,  rights  and 
privileges  from  waste  or  encroachment,  and  for  promoting  the 
great  interests  and  insuring  the  good  government  of  the  City. 
To  have  and  exercise  within  the  limits  of  the  City  of  Baltimore 
all  the  power  commonly  known  as  the  Police  Power  to  the 
same  extent  as  the  State  has  or  could  exercise  said  power  within 
said  limits.  But  no  ordinance  heretofore  passed,  or  that  shall 
hereafter  be  passed  by  the  Mayor  and  City  Council  of  Balti- 
more, shall  hereafter  conflict  or  interfere  with  the  powers  or 
exercise  of  the  powers  of  the  Board  of  Police  of  the  City  of 
Baltimore,  heretofore  created,  nor  shall  the  said  City,  or  any 
officer  or  agent  of  the  City,  or  of  the  Mayor  thereof,  in  any 
manner  impede,  obstruct,  hinder  or  interfere  with  the  said 
Board  of  Police,  or  any  officer,  agent  or  servant  thereof  or 
thereunder. 

Peddlers. — The  Mayor  may  grant  permits,  upon  the  payment 
of  the  sum  of  seven  dollars  to  the  Comptroller,  to  such  number 


16 

of  poor  persons  as  to  him  may  seem  proper,  to  peddle  within 
the  limits  of  the  City  of  Baltimore,  notions  and  small  wares 
without  a  license;  provided,  that  the  stock  in  trade  of  such 
peddler  shall  not  exceed  twenty-five  dollars  in  value,  and  that 
the  said  Mayor  at  any  time  may  revoke  any  such  permit. 

Pumps,  Fountains  and  Springs. — To  erect  and  regulate 
pumps,  fountains  and  springs  in  the  streets,  lanes  and  alleys  of 
the  City  of  Baltimore. 

Railroads. — On  application  or  assent,  in  writing,  of  the  own- 
ers of  the  major  part  in  extent  of  front  feet  of  the  lots  fronting 
on  each  side  of  any  street  or  part  of  street,  to  pass,  subject  to 
the  provisions  and  requirements  of  sections  37  and  85  of  this 
Article,  such  ordinances  as  shall  be  necessary  for  the  construc- 
tion of  any  track  or  railway  of  a  steam  railroad  on  and  along 
such  street;  to  permit  and  cause  such  alteration  in  the  grade 
of  such  street  as  may  be  necessary  for  the  more  convenient  and 
useful  construction  of  such  railway;  and  may  levy  and  assess 
on  all  lots  fronting  on  such  street,  or  part  of  street,  or  on  the 
owners  of  such  lots,  their  just  proportion  of  the  expense  of  such 
construction,  and  enforce  payment  thereof;  provided,  notice  be 
given  to  such  owners  before  said  assessment  is  made,  with  the 
right  to  a  hearing  as  to  the  propriety  of  the  same,  and  the 
further  right  of  a  jury  trial  by  appeal  to  the  Baltimore  City 
Court,  and  the  proprietor  of  any  lot  in  front  of  which  any  such 
railway  shall  be  so  constructed,  and  the  just  proportion  of 
which  shall  be  paid  by  him,  shall  be  entitled,  at  his  own  ex- 
pense, to  have  a  convenient  siding  or  turn-out  made,  to  enable 
him  to  have  the  beneficial  use  of  such  railway.  The  City  may, 
whenever  the  public  interests  require,  revoke  the  privilege 
granted  to  such  railroad  to  use  said  street  or  part  of  a  street, 
upon  the  payment  to  such  railroad  of  the  actual  cost  of  con- 
struction of  said  railway  tracks,  and  upon  such  revocation  and 
payment  aforesaid,  the  said  railroad  shall  remove  all  of  its 
tracks  from  said  street.  To  require  street  passenger  railways 
to  provide  proper  fenders  to  their  cars  for  the  protection  of 
human  life  and  to  lessen  the  danger  thereto  arising  from  col- 
lisions with  such  cars,  and  to  enforce  sakl  requirements  by 
such  fines  and  penalties  as  may  be  prescribed  by  ordinance. 
To  regulate  the  use  of  the  streets  by  street  railways. 


17 

Schools. — To  establish  in  the  City  of  Baltimore,  in  con- 
formity with  the  provisions  of  this  Article,  a  system  of  free  pub- 
lic schools,  which  shall  include  a  school  or  schools  for  manual 
or  industrial  training.  To  pass  all  ordinances  for  the  protec- 
tion of  school  houses  and  property,  and  to  punish  any  person 
that  may  disturb  the  sessions  of  the  public  schools.  To  levy 
and  collect,  upon  the  assessable  property  in  the  City  of  Balti- 
more as  other  taxes  are  levied  and  collected,  such  amount  of 
taxes  as  may  be  necessary  to  defray  all  expenses  incurred  for 
•educational  purposes. 

Sewers. — To  provide  for  constructing,  opening,  enlarging  or 
straightening,  subject  to  the  provisions  herein  contained  as  to 
the  Board  of  Public  Improvements  and  Board  of  Estimates, 
any  sewer  or  drain,  public  or  private,  through  any  private  prop- 
erty. To  pave  and  keep  in  repair,  subject  to  the  provisions 
herein  contained  as  to  the  Board  of  Public  Improvements  and 
Board  of  Estimates,  all  necessary  sewers  and  drains,  and  to 
pass  all  regulations  necessary  for  the  preservation  of  the  same 
and  to  authorize  any  person  appointed  by  it,  or  by  the  City 
Engineer  for  that  purpose,  to  enter  upon  the  lands,  grounds  or 
possessions  of  any  person  or  body  politic,  through  which  the 
common  sewers  or  private  sewers  or  drains  run  or  may  run,  to 
examine,  inspect,  regulate,  make  or  repair  the  same.  To  con- 
demn any  land  or  interest  in  land  in  the  mode  provided  in  this 
Article  for  the  use  of  the  Mayor  and  City  Council  of  Baltimore 
in  the  construction  of  any,  sewers  or  sewerage  system.  To  in- 
spect and  regulate  house  drainage  and  sewerage  connections, 
and  to  prescribe  the  kind  and  quality  of  material  to  be  used  for 
such  purposes. 

Squares,  Springs  and  Monuments. — To  establish,  regulate  and 
control  all  squares,  springs  and  monuments  erected  or  con- 
structed within  the  City  of  Baltimore,  and  to  provide  for 
the  maintenance  of  same.  To  provide  by  ordinance  for 
the  purchase  or  condemnation  of  all  that  land  lying  in 
the  City  of  Baltimore  between  the  lines  of  Dolphin  street 
on  the  north,  Biddle  street  on  the  south,  Jordan  alley 
on  the  east,  and  Morris  alley  on  the  west,  or  so  much 
thereof  as  may  be  necessary,  upon  a  proper  survey,  to  extend 


18 

the  line  of  parking  known  as  Eutaw  Square  from  Dolphin? 
street  to  Biddle  street,  and  the  driveways  on  each  side  thereof;, 
and  to  provide  for  assessing  and  levying  on  the  whole  assess- 
able property  of  the  said  City,  or  on  the  property  of  persons 
thereby  benefited,  the  whole  or  any  part  of  the  damages  and 
expenses  which  may  be  incurred  in  acquiring  said  land,  and  in 
locating  and  laying  out  the  said  line  of  square ;  and  to  provide 
for  the  granting  of  appeals  to  the  Baltimore  City  Court,  from 
the  decisions  of  the  Commissioners  for  Opening  Streets  or 
any  Commissioners,  or  other  persons,  appointed  by  authority 
of  any  ordinance  to  ascertain  the  damages  which  will  be 
caused  or  the  benefits  which  will  accrue  to  the  owners  or 
possessors  of  ground,  or  improvements  in  acquiring  said  land, 
and  in  locating,  laying  out  and  extending  said  square  from. 
Dolphin  street  to  Biddle  street,  and  for  securing  to  every  such 
owner  and  possessor  the  right,  on  application  within  a  reason- 
able time,  to  have  decided  by  a  jury  trial,  whether  any  damage 
has  been  caused,  or  any  benefit  has  accrued  to  them,  and  to 
what  amount;  and  to  provide  for  collecting  and  paying  over  the 
amount  of  compensation  adjudged  to  each  person  entitled,  or 
investing  it  in  stock  of  said  City,  for  the  use  of  any  such  per- 
sons who,  because  of  their  infancy,  absence  from  the  City,  or 
any  other  cause,  may  be  prevented  from  receiving  it,  before  any 
part  of  the  land  lying  within  the  said  lines  shall  be  taken.  Be- 
fore the  said  City , shall  pass  any  ordinance  under  the  above  pro- 
visions, at  least  sixty  days'  notice  shall  be  given  of  any  applica- 
tion for  the  passage  of  such  ordinance,  in  at  least  two  daily 
newspapers  in  said  City;  and  before  the  Commissioners  for 
Opening  Streets  or  any  Commissioner  or  Commissioners  ap- 
pointed by  any  ordinance  under  the  above  provisions  shall  pro- 
ceed to  the  performance  of  his  or  their  duty,  he  or  they  shall 
give  notice  in  at  least  two  of  the  daily  newspapers  in  the  City  of 
Baltimore,  of  the  object  of  the  ordinance  under  which  he  or 
they  propose  to  act,  at  least  thirty  days  before  the  time  of  their 
first  meeting  to  execute  the  same. 

Stocks,  Loans  and  Finance. — To  levy  upon  the  assessable 
property  within  the  City,  and  collect  by  tax  any  sum  which 
may  be  necessary  to  pay  and  discharge  the  principal  and  inter- 
est of  any  loan  which  may  heretofore  have  been  obtained,  or 


ly 

which  may  hereafter  be  obtained  by  said  *City,  according  to 
law.  It  shall  create  a  sinking  fund  to  meet  the  liabilities 
thus  incurred,  and  may  also  levy  upon  the  assessable  prop- 
erty of  the  City  of  Baltimore,  from  time  to  time,  such  sum  as 
may  be  necessary  to  provide  therefor,  and  for  the  payment  of 
the  principal  and  interest  of  the  liabilities  to  be  incurred  under 
this  section,  and  may  pass  all  ordinances  necessary  to  carry  out 
the  purpose  of  the  same.  Whenever  the  Commissioners  of 
Finance  shall  be  authorized  by  the  City  to  invest  moneys  be- 
longing to  the  sinking  fund  of  said  City,  in  annuities  or  ground 
rents,  reserved  out  of  the  lands  leased  to  the  City 
and  payable  by  the  said  City,  the  said  Commissioners 
may  purchase  such  rents  or  annuities  and  the  reversions  of 
such  lands;  and  the  conveyances  thereof  taken  may  be  made 
to  the  Mayor  and  City  Council  of  Baltimore,  in  trust  for  the 
benefit  and  purpose  of  the  said  sinking  fund;  and  in 
every  such  case,  such  conveyances  shall  not  work  a 
merger  of  the  lease  or  term,  but,  until  otherwise  provided  by 
law,  the  rent  shall  continue  to  be  payable  to  the  City  as  if 
such  purchase  had  not  been  made,  but  shall  be  received  and 
applied  by  the  Commissioners  of  Finance  as  the  income  of  other 
investments  of  the  sinking  fund  may  be  applied.  Whenever 
and  as  often  as  it  may  be  necessary  hereafter  to  issue  certifi- 
cates of  indebtedness  or  City  stock  or  bonds  of  the  City  of  Balti- 
more, either  for  loans  of  the  said  City,  already  created  and 
authorized  by  law,  but  not  yet  negotiated  and  issued, 
or  for  loans  which  may  be  hereafter  created  and 
authorized  to  be  issued  as  aforesaid,  provision  may 
be  made,  in  the  discretion  of  the  City,  for  the  payment 
of  any  taxes  which  the  holders  of  said  certificates  or  bonds  may 
be  legally  liable;  provided,  however,  that  the  rate  of  interest 
payable  on  said  loans  shall  not  exceed  the  rate  of  five  per  cenc. 
per  annum;  and  provided,  further,  that  nothing  herein  con- 
tained shall  prevent  the  said  City  from  negotiating  said  loans, 
or  any  part  thereof,  already  authorized  by  law,  but  not  yet 
actually  issued,  or  which  may  be  hereafter  created  and  author- 
ized by  law,  at  a  lower  rate  of  interest  than  five  per  cent,  per 
annum,  whenever  it  may  appear  to  the  said  City  practicable  and 
advisable  to  do  so. 


20 

Streets,  Bridges  and  Highways. — To  provide  for  laying 
out,  opening,  extending,  widening,  straightening  or  closing  up, 
in  whole  or  in  part,  any  street,  square,  lane  or  alley  within  the 
bounds  of  said  City,  which  in  its  opinion  the  public  welfare  or 
convenience  may  require.  To  provide  for  ascertaining  whether 
any,  and  what  amount  in  value,  of  damage  will  be  caused 
thereby,  and  what  amount  of  benefit  will  thereby  accrue  to  the 
owner  or  possessor  of  any  ground  or  improvements  within  or 
adjacent  to  said  City,  for  which  said  owner  or  possessor  ought 
to  be  compensated,  or  ought  to  pay  a  compensation,  and  to 
provide  for  assessing  or  levying,  either  generally  on  the  whole 
assessable  property  of  said  City,  or  specially  on  the  property  of 
persons  benefited,  the  whole  or  any  part  of  the  damages  and 
expenses  which  it  shall  ascertain  will  be  incurred  in  locating, 
opening,  extending,  widening,  straightening  or  closing  up  the 
whole  or  any  part  of  any  street,  square,  lane  or  alley  in  said 
City.  To  provide  for  granting  appeals  to  the  Baltimore 
City  Court,  from  the  decisions  of  the  Commissioners  for 
Opening  Streets  or  any  Commissioner  or  Commissioners, 
or  other  persons  appointed  by  virtue  of  any  ordinance, 
to  ascertain  the  damage  which  will  be  caused  or  the  benefit 
which  will  accrue  to  the  owners  or  possessors  of  ground  or  im- 
provements by  locating,  opening,  extending,  widening, 
straightening  or  closing  up,  in  whole  or  in  part,  any  street, 
square,  lane  or  alley  within  the  said  City,  and  for  securing  to 
every  such  owner  or  possessor  the  right,  on  application  within 
a  reasonable  time,  to  have  decided  by  a  jury  trial  whether  any 
damage  has  been  caused,  or  any  benefit  has  accrued  to  them, 
and  to  what  amount.  To  provide  for  collecting  and  paying  over 
the  amount  of  compensation  adjudged  to  each  person  entitled, 
or  investing  it  in  stock  of  the  said  City,  for  the  use  of  any  such 
person  who,  because  of  infancy,  absence  from  the  City  or  any 
other  cause,  may  be  prevented  from  receiving  it,  before  any 
street,  square,  lane  or  alley,  in  whole  or  in  part,  shall  be  so 
opened,  extended,  widened,  straightened  or  closed  up,  and  to 
enact  and  pass  all  ordinances,  from  time  to  time,  which  shall 
be  deemed  necessary  and  proper  to  exercise  the  powers  and 
effect  the  objects  above  specified.  To  acquire  the  fee  simple 
interest  in  any  land  for  the  purpose  of  opening,  extending, 
widening  or  straightening,  in  whole  or  in  part,  any  street, 


square,  lane  or  alley  in  Baltimore  City.  To  provide  by  ordi- 
nance for  the  collection  of  rent  or  revenue,  which  may  or  can 
be  derived  or  collected  from  the  occupiers,  tenants,  or  by 
whatever  term  they  may  be  called,  for  the  use  and  occupa- 
tion by  them,  of  all  building  or  buildings,  or  other  property 
which  the  City  pays  for,  to  the  owners  thereof,  in  all  cases  of 
street  openings,  straightenings,  closings  or  widenings,  or  in  any 
case  of  condemnation  for  any  purpose  whatever,  said  rent  to  be 
paid  by  said  tenants  or  occupiers  of  said  building  or  buildings, 
or  other  property,  to  the  City  authorities,  from  the  date  of  pay- 
ment for  the  same  by  the  City  to  the  owners  thereof,  or  from 
the  date  of  the  tender  of  such  payment,  if  for  any  cause  said 
owners  refuse  or  cannot  lawfully  accept  the  same,  until  said 
building  or  buildings  are  removed,  and  until  said  property  shall 
be  required  by  the  City  for  its  purposes,  under  the  condemna- 
tion proceedings.  To  provide  by  general  or  special  ordinance 
for  the  establishment,  and  change  from  time  to  time,  of  the 
grade  lines  of  any  street,  lane  or  alley,  or  part  thereof,  now  or 
hereafter  marked,  located  or  laid  out  upon  the  plan  of  said  City. 
To  provide  by  ordinance  for  grading,  shelling,  graveling,  pav- 
ing and  curbing,  or  for  the  regrading,  reshelling,  regraveling, 
repaving  and  recurbing  of  any  street,  lane  or  alley  in  said  City, 
or  part  thereof,  now  condemned,  ceded,  opened,  as  a  public 
highway,  or  which  may  hereafter  be  condemned,  ceded, 
opened,  widened,  straightened  or  altered  according  to  the  laws 
and  ordinances  regulating  the  same;  and  also  for  assessing  the 
cost  of  any  such  work,  in  whole  or  in  part,  upon  the  property 
binding  upon  such  street,  lane  or  alley,  or  part  thereof,  accord- 
ing to  such  rule  or  basis  as  it  may  determine,  and  for  collecting 
said  assessments  as  other  City  taxes  are  collected  or  in  such 
manner  as  it  may  prescribe,  either  before  or  after  the  work 
shall  have  been  done,  provided  that  before  the  passage  by 
1  either  Branch  of  the  City  Council  of  any  ordinance  requir- 
ing the  whole  or  any  portion  of  the  costs  to  be  assessed 
upon  the  property  ten  days'  notice  shall  be  given  in  at 
least  two  of  the  daily  newspapers  in  said  City,  and  an  oppor- 
tunity shall  be  afforded  to  all  persons  interested  therein  to  ap- 
pear and  be  heard  before  some  appropriate  committee  of  the 
Council,  and  it  may  also  provide  for  appeals  to  the  Baltimore 
City  Court  from  the  decisions  of  the  Commissioners  for  Open- 


22 

ing  Streets  or  any  Commissioner  or  Commissioners,  or  other 
person  or  persons  appointed  to  determine  the  amount  of  assess- 
ment to  be  made  upon  any  property  under  any  such  ordinance; 
and  in  the  trial  of  such  appeal  the  practice  shall  conform  as  near 
as  may  be  to  the  practice  in  the  trials  of  street  appeals,  includ- 
ing the  right  of  appeal  to  the  Court  of  Appeals.  To  provide  by 
general  ordinance,  subject  to  the  provisions  and  requirements 
of  section  85  of  this  Article,  for  the  grading,  graveling,  shelling, 
paving  or  curbing,  or  for  the  regrading,  regraveling,  reshelling, 
repaying  or  recurbing  of  any  street,  lane  or  alley,  or  part 
thereof,  in  said  City,  without  the  passage  of  a  special  ordinance 
in  the  particular  case,  whenever  the  owners  of  a  majority  of  the 
front  feet  of  property  binding  on  such  street,  lane  or  alley,  or 
part  thereof,  shall  apply  for  the  same,  upon  terms  and  under 
conditions  to  be  prescribed  in  the  same  general  ordinance,  and 
for  the  assessment  in  any  such  case  of  the  cost  of  such  work, 
in  whole  or  in  part,  pro  rata,  upon  all  the  property  binding 
upon  such  street,  lane  or  alley,  or  part  thereof,  and  for  the  col- 
lection of  such  assessment  as  other  City  taxes  are  collected.  In 
any  and  all  cases  where  any  street,  lane  or  alley,  or  any  part 
thereof,  in  the  City,  has  been  graded,  paved  or  curbed,  or  re- 
graded,  repaved  or  recurbed,  under  any  ordinance  which  pro- 
vided for  assessing  the  whole  or  any  portion  of  the  cost  of  such 
improvement  upon  the  property  binding  upon  such  street,  lane 
or  alley,  or  part  thereof,  and  such  assessments,  or  any  part 
thereof,  remain  unpaid,  it  shall  be  lawful  for  the  City  to  provide 
by  ordinance  for  the  levy  and  collection  in  such  manner  as  it 
may  deem  proper,  of  a  tax  upon  all  the  property  binding  on  any 
street,  lane  or  alley,  or  part  thereof,  which  may  have  been  so 
improved,  to  the  extent  that  such  property  shall  have  been  spe- 
cially benefited  by  such  improvement,  provided  that  no  prop- 
erty upon  which  the  assessment  originally  made  for  its  share  of 
the  cost  of  such  improvement  shall  have  been  paid  shall  be 
again  assessed,  and  that  reasonable  notice  and  an  opportu- 
nity to  be  heard  shall  be  given  to  all  persons  interested  before 
the  final  ascertainment  of  the  amount  of  tax  to  be  paid  by 
any  such  property,  and  the  said  City  shall  provide  for  appeals 
to  the  Baltimore  City  Court  by  any  person  or  persons  inter- 
ested, including  the  City  itself,  from  the  decision  of  the 
Commissioners  for  Opening  Streets  or  any  Commissioner  or 


23 

Commissioners,  or  other  persons  appointed  to  determine  the 
-amount  or  amounts  of  such  special  taxes  or  assessments;  and 
in  the  trial  of  such  appeals  the  practice  shall  conform  as  near 
-as  may  be  to  the  practice  in  the  trial  of  street  appeals,  including 
the  right  of  appeal  to  the  Court  of  Appeals.  To  pass  all  ordi- 
nances necessary  for  grading,  regulating,  paving  and  repairing 
the  footways  in  the  streets,  lanes  and  alleys  of  the  City,  and 
impose  a  tax  on  any  lot  fronting  on  any  paved  street,  lane  or 
alley,  for  the  purpose  of  grading,  regulating,  paving  or  repair- 
ing footways  in  front  thereof,  or  compel  by  fine  or  otherwise 
the  owner  or  proprietor  of  any  lot  to  pave  or  repair  the  foot- 
ways in  front  thereof,  agreeably  to  the  ordinances  to  be  passed 
by  it.  To  regulate  the  use  of  streets,  highways,  roads,  public 
places  and  sidewalks  by  foot-passengers,  animals,  vehicles,  cars, 
motors  and  locomotives,  and  prevent  encroachment  thereon  and 
•obstruction  of  the  same.  To  regulate  the  opening  of  street  sur- 
face, for  the  purposes  authorized  by  law  or  ordinance.  To 
regulate  the  numbering  of  houses,  lots,  streets  and  avenues, 
and  the  naming  of  streets,  avenues  and  public  places.  To  regulate 
the  use  of  sidewalks  for  use  of  signs,  sign-posts,  awnings,  awn- 
ing-posts, horse-troughs,  telegraph-posts,  trolley  poles,  electric 
light  poles,  telegraph  wires,  electric  light  wires,  and  for  any 
and  all  other  purposes,  and  to  prohibit  the  erection  of  any  posts, 
poles  or  wires,  and  to  compel  the  removal  of  any  posts,  poles 
•or  wires  in,  over  or  above  any  street,  sidewalk  or  highway.  To 
clean  the  streets  and  remove  the  dirt  and  filth  therefrom,  and 
to  prohibit  and  punish  by  ordinance  the  placing  of  any  dirt, 
filth  or  other  matter  therein,  and  to  protect  any  pavement  by 
prohibiting  the  travel  thereon.  To  erect  lamps  in  any  of  the 
streets,  lanes  or  alleys  of  said  City,  and  cause  the  same  to  be 
lighted  at  the  expense  of  the  City.  To  regulate  the  use  of 
-streets,  lanes  or  alleys  in  said  City,  by  railway  or  other  tracks, 
•gas  or  other  pipes,  telegraph,  telephone,  electric  light  or  other 
wires  and  poles,  in,  under,  over  or  upon  the  same,  and  to  re- 
quire all  such  wires  to  be  placed  under  ground  after  such  reas- 
onable notice  as  it  may  prescribe.  To  provide  a  series  of  con- 
duits under  the  streets,  lanes  and  alleys  of  said  City,  or  any 
part  or  parts  thereof,  for  the  use  of  telephone,  telegraph,  electric 
light  and  other  wires,  either  by  constructing  said  conduits  itself 
or  authorizing  their  construction  by  such  person  or  corporation, 


upon  such  terms  as  may  be  agreed  upon.    To  appoint  an  Elec- 
trical Commission,  with  such  powers  and  duties  as  it  may 
deem  proper  or  appropriate  for  carrying  out  the  aforesaid  pro- 
visions of  this  section  relating  to  conduits.     To  require  all  such 
wires,  or  any  part  or  parts  thereof,  and  the  poles  carrying  the 
same,  to  be  removed  from  the  surface  of  the  streets,  lanes 
or  alleys  of  said  City,  or  any  part  or  parts  thereof,  and  to 
require  such  wires  to  be  placed  in  such  conduits,  all  under 
such  penalty  as  it  may  prescribe.    To  prescribe  and  establish 
reasonable  rentals  to  be  paid  by  any  company  or  person  using 
any  of  said  conduits,  by  whomsoever  the  same  may  be  con- 
structed, for  the  use  thereof,  and  to  provide  for  the  collection 
of  such  rentals,  in  addition  to  the  ordinary  processes  by  such 
summary    methods    as    it    may    deem    appropriate;    provided^ 
however,  that  nothing  contained  in  this  Article  shall  be  deemed 
or  taken  to  modify  or  change,  in  any  manner,  the  provisions, 
of    Ordinance    Number    Forty-one,  of    the    Mayor  and  City 
Council  of  Baltimore,  approved  May  9,   1889,  or  tne  rights 
and  privileges  granted  thereby  to  the  companies  therein  named 
or  either  of  them.     To  purchase,  with  the  County  Commis- 
sioners of  any  adjoining  or  neighboring  counties  of  said  City,, 
all  bridges  and  turnpike  roads,  or  any  portions  thereof,  lead- 
ing toward  said  City,  at  such  times  and  upon  such  terms  as  it 
and  said  County  Commissioners  on  the  one  part,  and  the  owner 
of  such  bridges  and  highways  on  the  other,  may  mutually 
agree,   and    when    so   purchased    all   or   any   of   them    shall 
thereafter    be  free    public    highways,    and    as    such    under 
the  care  and  management  of  said  City  and  said  County  Com- 
missioners, as  they  may  respectively  provide  and  stipulate  as 
between  them.    To  exercise,  in  reference  to  opening  streets  and 
alleys  through  Cathedral  Cemetery  or  burial  ground  in  said 
City,  all  the  rights  and  powers  which  it  has,  or  may  hereafter 
be  conferred  upon  it,  in  reference  to  opening  streets,  lanes  or 
Alleys  in  said  City.    With  the  County  Commissioners  of  Anne 
Arundel  County,  to  cause  to  be  erected  and  maintained  at 
their  joint  expense  lamps  along  and  on  Light  Street  Bridge, 
not  more  than  seventy-five  yards  apart;  provided  that  there 
shall  be  at  least  one  lamp  at  each  end  of  the  draw  of  said  bridge,, 
and  the  said  lamps  shall  be  attended  to,  cleaned,  lighted  at 


25 

night  and  extinguished  in  the  morning  by  the  keeper  of  said 
bridge. 

Surveyor. — To  prescribe  by  ordinance  the  duties  and  com- 
pensation of  the  City  Surveyor. 

Taxes. — To  levy  annually  upon  the  assessable  property  of 
the  City,  by  direct  tax,  with  full  power  to  provide  by  ordinance 
for  collection  of  the  same,  such  sum  of  money  as  may  be  neces- 
sary, in  its  judgment,  for  the  purpose  of  defraying  the  expenses 
of  said  City  over  and  exclusive  of  all  expenses,  charges  and  sums 
of  money  which  it  is,  or  shall  be,  required  by  law  to  collect  for 
other  purposes  subject  to  the  provisions  and  limitations  herein 
contained.  To  levy  and  collect  taxes  upon  every  description  of 
property  found  within  the  corporate  limits  of  said  City,  which 
it  is  now  authorized  by  law  to  levy  taxes  upon,  for  the  purpose 
of  defraying  the  expenses  of  the  municipal  government, 
whether  the  owners  thereof  reside  within  or  without  the  limits 
of  said  corporation;  provided  that  no  stocks,  bonds,  mort- 
gages, certificates  or  other  evidences  of  indebtedness  of  any 
bank  or  other  corporation  situate  within  the  limits  of  said  City, 
which  are  owned  or  held  by  persons  residing  without  said 
limits,  shall  be  subject  to  taxation  for  the  purpose  above  set 
forth  ;  and  provided  further  that  no  authority  is  given  by  this 
section  to  impose  taxes  on  any  property  which  is  now  or  may 
hereafter  be  exempted  from  taxation  by  any  general  or  special 
Act  of  the  General  Assembly  of  Maryland,  nor  upon  any  prop- 
erty which  may  be  stored  or  deposited  in  the  City  of  Baltimore 
for  temporary  purposes.  To  provide  by  general  ordinance, 
whenever  it  shall  seem  expedient  for  the  encouragement  of  the 
growth  and  development  of  manufactures  and  manufacturing 
industry  in  the  said  City,  for  the  abatement  of  any  or  all  taxes 
levied  by  authority  of  the  said  Mayor  and  City  Council  of  Bal- 
timore, or  by  ordinance  thereof,  for  any  of  the  corporate  uses 
thereof,  upon  any  mechanical  tools  or  implements,  whether 
worked  by  hand  or  by  steam,  or  other  motive  power,  ma- 
chinery, manufacturing  apparatus  or  engines  owned  by  any 
individual,  firm  or  corporation  in  said  City,  and  properly  sub- 
ject to  valuation  and  taxation  therein,  which  said  tools,  imple- 
ments, machinery,  apparatus  or  engines  shall  be  actually  em- 


26 

ployed  and  used  in  the  business  of  manufacturing  in  said  City, 
-and  it  shall  be  the  duty  of  the  Appeal  Tax  Court  to  make  such 
abatements  of  taxes  levied  as  aforesaid  as  may  be  authorized 
and  directed  by  said  City  by  ordinance  as  aforesaid ;  pro- 
vided that  such  abatement  shall  be  extended  to  all  persons, 
firms  or  corporations  engaged  in  the  branches  of  manufac- 
turing industry  proposed  to  be  benefited  by  any  ordinance 
passed  under  the  provisions  of  this  paragraph  of  this  section; 
provided  further,  that  application  for  such  abatement  as  afore- 
said shall  be  made  or  verified  to  the  satisfaction  of  said  Court 
by  the  oath  of  the  party  applying  for  the  same,  or  other  satis- 
factory evidence,  before  the  annual  revision  and  correction  of 
the  tax  lists  in  each  year,  which  said  Appeal  Tax  Court  is  by 
law  required  to  make,  shall  be  completed  and  returned  by  said 
Court  to  the  City  Collector  and  Board  of  Estimates,  and  not 
afterwards;  and  said  Court  shall  further  keep  a  record  of  all 
abatements  made  by  it  as  aforesaid,  and  report  in  writing  the 
aggregate  amount  thereof  during  the  year  to  the  said  Mayor 
and  City  Council  of  Baltimore  on  or  before  the  fifteenth  day 
of  October  in  each  year.  To  extend  the  limits  of  direct  taxa- 
tion within  the  said  City,  from  time  to  time,  as  it  shall  deem 
•expedient.  To  have  power  to  provide  by  ordinance  or  other- 
wise for  the  prompt  collection  of  taxes  due  the  City,  and  have 
power  to  sell  real  estate,  as  well  as  personal  property,  for  the 
payment  of  taxes. 

Theatrical  and  other  Public  Amusements. — To  provide  for 
licensing,  regulating  and  restraining  theatrical  or  other  public 
amusements  within  the  City  of  Baltimore. 

Water. — To  establish,  operate,  maintain  and  control  a  sys- 
tem of  water  supply  for  Baltimore  City,  and  to  pass  all  ordi- 
nances necessary  in  the  premises.  From  time  to  time  to  con- 
tract for,  purchase,  lease  and  hold,  in  fee  simple,  or  for  a  term 
of  years,  any  land,  real  estate,  spring,  brook,  water,  water- 
course, and  also  the  right  to  use  and  occupy,  forever  or  for  a 
term  of  years,  any  land,  real  estate,  spring,  brook,  water  or 
watercourse  which  it  may  conceive  expedient  and  necessary  for 
the  purpose  of  conveying  water  into  the  said  City  for  the  use  of 
the  said  City  and  for  the  health  and  convenience  of  the  inhabit- 


27 

ants  thereof,  and  also  the  right  to  enter  and  pass  through,  from 
time  to  time,  as  occasion  may  require,  and  to  use  and  occupy 
the  said  lands  through  which  it  may  deem  it  necessary  to 
convey  the  said  water;  and  it  is  hereby  invested  with  all  the 
rights  and  powers  necessary  for  the  introduction  of  water  into 
said  City,  and  to  enact  and  pass  all  ordinances,  from  time  to 
time,  which  shall  be  deemed  necessary  and  proper  to  exercise 
the  powers  and  effect  the  objects  above  specified.  To  contract 
with  individuals,  firms  or  corporations  for  the  use  of  the  water 
of  said  City,  on  such  terms  and  for  such  time  as  it  may  deem 
proper  and  expedient.  The  Mayor  and  City  Council  of  Balti- 
more, or  any  agent  authorized  by  it,  may  agree  with  the  owner 
of  any  land,  real  estate,  spring,  brook,  water  or  watercourse,  as 
aforesaid,  earth,  timber,  stone  or  other  materials  which  it  may 
conceive  expedient  or  necessary  to  purchase  and  hold,  for  the 
purpose  of  introducing  water  into  the  City  of  Baltimore.  If 
they  cannot  agree,  or  if  there  be  any  incapacity  or  disability 
to  contract  with  the  owner  of  such  land  or  real  estate,  spring, 
brook,  water  or  watercourse  as  aforesaid,  earth,  timber,  stone 
or  other  materials,  or  with  the  owner  of  such  lands  through 
which  the  said  City  may  find  it  necessary  to  have  a  right  of  entry 
and  passage,  for  the  purpose  of  conveying  the  said  water  into 
the  said  City,  or  if  such  owner  should  be  absent,  out  of  the  State, 
or  unknown,  it  shall  be  lawful,  on  application  of  the  City,  for  any 
Justice  of  the  Peace  of  the  county  in  which  said  lands,  earth  or 
other  property  or  materials  as  aforesaid  are  situate,  to  issue 
his  warrant  to  the  Sheriff  of  said  county,  commanding  him  to 
summon  from  the  said  county  a  jury  of  twenty  freeholders, 
inhabitants  of  said  county,  not  related  to  the  owner  or  per- 
sons interested,  as  aforesaid,  in  the  said  real  estate  or  other 
property,  to  meet  on  the  premises  which  are  to  be  valued,  on 
some  certain  day  to  be  named  in  said  warrant,  of  which  said 
warrant  and  the  day  therein  named  for  the  meeting  of  the 
jury,  twenty  days'  notice  shall  be  given  previous  to  such 
day  by  the  City  to  every  owner  or  person  interested,  as 
aforesaid,  or  if  any  owner  be  an  infant  or  lunatic,  or  feme 
covert,  to  his  or  her  guardian  or  her  husband,  or  in  either  case 
left  at  his  or  her  place  of  abode,  or  if  out  of  the  State  or 
unknown,  such  notice  shall  be  published  not  less  than  eight 
weeks  successively  in  some  one  or  more  of  the  dailv  news- 


papers  of  Baltimore  City,  and  in  some  one  or  more  of  the  news 
papers  of  the  county  in  which  said  property  may  be  located, 
if  any  newspapers  be  published  in  such  county.  From  the  list 
of  jurors  so  returned  and  attending,  the  person,  the  condemna- 
tion of  whose  property  may  be  desired,  may  strike  four,  and 
the  said  City  may  strike  four,  so  that  the  number  of  jurors  be 
reduced  to  twelve,  and  in  case  either  party  shall  neglect  or 
refuse  to  strike  off  the  names  of  jurors,  then  it  shall  be  the  duty 
of  the  Sheriff  or  his  deputy,  who  shall  attend  as  hereinbefore 
directed,  to  strike  off  jurors  for  the  party  so  refusing  or  neglect- 
ing, so  that  the  number  of  jurors  be  reduced  to  twelve,  as  afore- 
said. The  jurors  so  remaining  shall  inquire  into,  assess  and 
ascertain  the  sum  of  money  to  be  paid  by  the  said  City  for  the 
land,  spring,  brook,  water  rights  or  other  property  which  it 
may  deem  necessary  to  purchase  and  hold  or  use  for  the  pur- 
pose aforesaid.  Before  the  said  jury  act  as  such  the  said  Sheriff 
or  his  deputy  shall  administer  to  each  of  them  an  oath  that  he 
will  justly  and  impartially  value  the  damages  which  the  owners 
or  parties  holding  an  interest  therein  will  sustain  by  the  use 
and  occupation  of  said  property  by  the  City.  The  said  jury 
shall  reduce  their  inquisition  to  writing,  and  shall  sign  and  seal 
the  same,  and  it  shall  then  be  returned  by  said  Sheriff  to  the 
Clerk  of  the  Circuit  Court  for  said  county,  and  be  filed  by  such 
clerk  in  his  office,  and  shall  be  confirmed  by  said  court  at  its 
next  session,  if  no  sufficient  cause  to  the  contrary  be  shown; 
and  when  confirmed  shall  be  recorded  by  the  said  clerk  at 
the  expense  of  the  City.  If  not  confirmed,  the  said  court 
may  direct  another  inquisition  in  the  manner  above  described. 
From  any  decision  on  matter  of  law  made  by  said  court  on  a 
hearing  for  confirmation,  an  appeal  may  be  taken  to  the  Court 
of  Appeals;  provided,  that  such  appeal  be  taken  within  ten 
days  after  such  decision  shall  be  made,  and  the  Court  of  Ap- 
peals may  award  costs  to  either  party  in  its  discretion.  The 
inquisition  shall  describe  the  property  taken  or  the  bounds  of 
the  land  condemned,  and  the  quantity  or  duration  of  the  inter- 
est in  "the  same,  valued  to  the  City;  and  such  valuation,  when 
paid  or  tendered  to  the  owner  of  said  property,  or  his  legal  rep- 
resentative, shall  entitle  the  City  to  the  use,  estate  and  in- 
terest in  the  same  thus  valued,  as  fully  as  if  it  had  been  con- 
veyed by  the  owner  of  the  same;  and  the  valuation,  if  not  re- 


29 

ceived  when  tendered,  may  at  any  time  thereafter  be  received 
from  the  City,  without  interest,  by  the  said  owner  or  his  legal 
representative.  If  the  twenty  jurors  summoned  as  aforesaid 
shall  not  appear  at  the  time  and  place  as  aforesaid  the  Sheriff 
or  his  deputy,  as  the  case  may  be,  shall  forthwith  summon 
other  freeholders  of  the  county,  from  the  bystanders  or  others 
qualified  as  aforesaid,  to  make  up  the  said  jury  to  the  num- 
ber of  twelve.  The  jurors  so  summoned  and  attending  shall 
be  allowed  the  same  compensation  as  is  allowed  to  the  jurors 
in  the  Circuit  Court  for  the  county,  and  the  Sheriff  shall  be 
allowed  similar  fees  as  are  allowed  by  law  for  the  summoning 
jurors  to  attend  the  Circuit  Court  for  the  county,  and  also  a  per 
diem  of  two  dollars  for  every  day  he  or  his  deputy  shall  be  in 
attendance  upon  an  inquisition;  and  such  expenses  shall  be  paid 
by  the  City,  except  in  cases  of  objections  to  the  confirmation  of 
inquisitions  before  the  Circuit  Court,  when  the  costs  in  said 
Court  may  be  awarded  in  the  discretion  of  the  Court.  For 
the  purpose  of  defraying  all  the  expenses  and  costs  of  said 
lands,  waters  and  water  rights  as  shall  have  been  taken  for 
the  purposes  aforesaid,  and  of  constructing  all  works  neces- 
sary to  the  accomplishment  of  said  purposes,  and  all  expenses 
incident  thereto,  the  said  City  shall  have  authority,  in  the  name 
of  the  City,  to  issue  certificates  of  debt,  to  be  denominated 
on  the  face  Baltimore  Water  Stock,  to  an  amount  not  ex- 
ceeding five  million  dollars,  bearing  interest  not  exceeding 
six  per  cent,  per  annum,  and  to  provide  by  ordinance  for 
the  redemption  of  the  same  at  a  certain  time,  and  under 
such  provisions  as  the  City  may  deem  expedient  and  proper. 
The  said  City  is  authorized  and  empowered  to  assess  rates 
for  the  supply  and  use  of  water  at  any  point  in  Baltimore 
City  and  County,  and  also  to  enforce  payment  for  the  use 
of  water,  and  other  expenses  incurred  in  the  introduction  of 
water  from  the  water  mains,  according  to  the  rates  established 
by  the  said  City,  said  payments  to  be  enforced  by  the  same 
process  that  City  or  State  taxes  are  collected,  or  they  may  be 
collected  by  process  before  a  Justice  of  the  Peace,  or  in  any  of 
the  Courts  of  the  City  of  Baltimore  having  jurisdiction  in  such 
cases.  The  said  City  is  authorized  and  empowered  to  appoint 
watchmen  or  such  police  force  as  may  be  necessary  for  the  pro- 
tection of  its  water  works  in  the  City  and  County  of  Baltimore, 


30 

and  to  impose  fines  and  penalties  for  interference  with  or  injury 
to  the  works  or  their  appendages.     To  prevent  the  water  from 
being  obstructed  or  contaminated,  and  to  prohibit  all  meddling 
or  tampering  with  the  water  works  and  their  appurtenances; 
said  fines  and  penalties  shall  be  enforced  and  collected  as  other 
fines  and  penalties  are  enforced  and  collected  by  law.     To  issue 
bonds  or  certificates  of  indebtedness  to  an  amount  not  exceed- 
ing  one   million   dollars,    from    time   to   time,    as    the   same 
may   be   required,   payable   at   such   time   and   bearing   such 
rate    of   interest   not   exceeding   five   per    cent,    per   annum, 
as   the   said   City   shall   provide   by  ordinance,    the   proceeds 
of  the  said  bonds  or  certificates  of  indebtedness  to  be  applied 
to  the  purpose  of  constructing  and  completing  Lake  Clifton, 
as  proposed  to  be  constructed  on  the  line  of  the  work  of  the 
introduction  of  the  water  of  the  Gunpowder  Falls  to  the  City 
of  Baltimore,  and  for  the  acquisition  of  the  necessary  land  in 
Baltimore  County,  whereon  to  locate  one  or  more  reservoirs, 
and  for  the  construction  of  said  reservoir  or  reservoirs,  and 
for  obtaining  such  pumping  machinery  as  may  be  necessary  in 
connection  therewith,  and  for  procuring  and  laying  of  iron 
pipes  or  mains  for  the  purpose  of  distributing  said  water  to 
the  inhabitants  of  said  City;  provided,  however,  that  the  said 
bonds  or  certificates  of  indebtedness  shall  not  be  issued  until 
the  ordinance  which  the  City  is  authorized  to  enact  for  such 
issue  shall  be  approved  by  a  majority  of  the  legal  voters  of 
Baltimore  City,  at  the  time  and  place  to  be  appointed  by  said 
ordinance  in  the  provision  for  submitting  the  same  to  the  legal 
voters  of  said  City,  as  required  by  section  7  of  Article  XI  of 
the  Constitution  of  the  State.     Before  the  City  shall  lay  any 
water  pipes  along  any  street,  road,  lane  or  avenue  in  the  terri- 
tory annexed  to  the  City  of  Baltimore  under  the  provisions  of 
the  Act  of  1888,  chapter  98,  upon  which  the  Catonsville  Water 
Company  has  laid  its  pipes  and  other  water  appliances,  the  said 
City  shall,  if  said  company  desires  to  surrender  said  pipes  and 
water  appliances  in  such  street,  road,  lane  or  avenue,  to  the 
City,  pay  to  the   said  company   the  fair  value  of  its   water 
pipes  and  other  water  appliances  constructed  in  said  street, 
lane,  road  or  avenue,  and  such  actual  damages  to  the  said  com- 
pany as  shall  be  caused  by  the  acquisition  of  said  pipes  and 
appliances  by  the  City;  and  the  amount  so  to  be  paid,  if  the  said 


31 

company  and  the  said  City  cannot  agree  in  reference  thereto, 
shall  be  ascertained  by  a  majority  of  a  board  of  three  arbitrators,, 
one  to  be  appointed  by  the  City,  and  one  by  said  company,  and 
the  two  arbitrators  thus  appointed  shall  appoint  the  third  arbi- 
trator; and  if  they  cannot  agree  upon  such  third  arbitrator  the 
latter  shall  be  appointed  by  the  Governor  of  the  State ;  provided, 
whenever  the  Mayor  and  City  Council  of  Baltimore  shall  ex- 
tend its  water  mains  for  the  purpose  of  supplying  water  therein 
into  the  territory  of  Baltimore  County  previously  occupied  by 
some  other  water  company  then  supplying  water  to  residents 
of  such  locality,  said  Mayor  and  City  Council  of  Baltimore,, 
before  it  shall  supply  water  to  users  in  said  territory,  shall  pur- 
chase or  condemn  the  water  pipes  and  rights  of  said  local  water 
company.  To  purchase  all  the  property,  rights,  estates  and 
privileges  of  any  chartered  company  authorized  to  introduce, 
or  which  may  hereafter  be  authorized  to  introduce,  water  into 
said  Citv,  upon  such  terms  as  may  be  agreed  upon  by  the  City, 
and  such  corporation  or  corporations,  in  the  manner  prescribed 
in  their  respective  charters,  or  in  the  absence  of  such  provis- 
ions, as  shall  be  agreed  upon  by  the  said  City  and  such  corpo- 
ration or  corporations;  and  such  corporation  is  authorized  to 
execute  a  conveyance  to  the  City  of  all  the  franchises  and  prop- 
erty of  said  corporation;  and  all  such  rights,  privileges  and 
franchises  shall  be  vested  in  the  Mayor  and  City  Council  of 
Baltimore,  to  be  held,  exercised  and  enjoyed  by  the  said  City  as 
fully  in  every  respect  as  might  or  could  have  been  done  by  any 
such  corporation  or  corporations  under  their  respective  char- 
ters. 

Welfare  and  Oilier  Powers. — The  foregoing  or  other  enumer- 
ation of  powers  in  this  Article  shall  not  be  held  to  limit  the 
power  of  the  Mayor  and  City  Council  of  Baltimore,  in  addition 
thereto  to  pass  all  ordinances  not  inconsistent  with  the  provis- 
ions of  this  Article  or  the  laws  of  the  State  as  may  be  proper 
in  executing  any  of  the  powers,  either  express  or  implied, 
enumerated  in  this  section  and  elsewhere  in  this  Article,  as 
well  as  such  ordinances  as  it  may  deem  expedient  in  maintain- 
ing the  peace,  good  government,  health  and  welfare  of  the  City 
of  Baltimore;  and  it  may  provide  for  the  enforcement  of  all 
such  ordinances  by  such  penalties  and  imprisonments  as  may 


32 

be  prescribed  by  ordinance;  but  no  fine  shall  exceed  five  hun- 
dred dollars,  nor  imprisonment  exceed  twelve  months  for  any 
offense. 

Franchises. 

7-  The  title  of  the  Mayor  and  City  Council  of  Baltimore, 
in  and  to  its  water  front,  wharf  property,  land  under  water, 
public  landings,   wharves,   docks,  highways,  avenues,  streets, 
lanes,  alleys  and  parks,  is  hereby  declared  to  be  inalienable. 

8-  The  Mayor  and  City  Council  of  Baltimore  may  grant  for 
a  limited  time,  and  subject  to  the  limitations  and  conditions 
contained  in  this  Article,  specific  franchises  or  rights  in  or 
relating  to  any  of  the  public  property  or  places  mentioned 
in  the  preceding  section;  provided,  that  such  grant  is  in  com- 
pliance with  the  requirements  of  this  Article  and  that  the  terms 
and  conditions  of  the  grant  shall  have  first  been  authorized  and 
set  forth  in  an  ordinance  duly  passed  by  the  City.     Every  such 
grant  shall  specifically  set  forth  and  define  the  nature,  extent 
and  duration  of  the  franchise  or  right  thereby  granted,  and  no 
franchise  or  right  shall  pass  by  implication  under  any  such 
grant;    and  notwithstanding  any  such  grant  the  Mayor  and 
City  Council  of  Baltimore  shall  at  all  times  have  and  retain  the 
power  and  right  to  reasonably  regulate  in  the  public  interest 
the  exercise  of  the  franchise  or  right  so  granted;  and  the  said 
Mayor  and  City  Council  of  Baltimore  shall  not  have  power  by 
grant  or  ordinance  to  divest  itself  of  the  right  or  power  to  so 
regulate  the  exercise  of  such  franchise  or  right. 

9'  No  franchise  or  right  in  relation  to  any  highway, 
avenue,  street,  lane  or  alley,  either  on,  above  or  below  the 
surface  of  the  same,  shall  be  granted  by  the  Mayor  and 
City  Council  of  Baltimore  to  any  person  or  corporation  for  a 
longer  period  than  twenty-five  years,  but  such  grant  may,  at 
the  option  of  the  City,  provide  for  giving  to  the  grantee  the 
right,  on  a  fair  re-valuation,  including  in  such  re-valuation  the 
value  derived  from  the  said  franchise  or  right,  to  renewals 
not  exceeding  in  the  aggregate  twenty-five  years.  Such  grant 
may  provide  that  upon  the  termination  of  the  said  franchise 
or  right  granted  by  the  City,  the  plant,  as  well  as  the  prop- 


33 

«rty  of  the  grantee  situated  in,  above  or  under  the  highways, 
avenues,  streets,  lanes  or  alleys  aforesaid,  with  its  appurte- 
nances, shall  thereupon  be  and  become  the  property  of  the  City, 
without  further  or  other  compensation  to  the  grantee;  or  such 
.grant  may  provide  that  upon  such  determination,  there  shall  be 
a  fair  valuation  of  the  plant  and  property,  which  shall  be  and 
become  the  property  of  the  City  at  its  election,  on  paying  the 
grantee  said  valuation.  If,  by  virtue  of  the  grant,  the  plant  and 
property  are  to  become  the  property  of  the  City,  without  money 
payment  therefor,  the  City  shall  have  the  option,  either  to  take 
and  operate  the  said  property  on  its  own  account,  or  to  renew 
the  said  grant  for  not  exceeding  twenty-five  years  on  a  re-valu- 
ation, or  sell  the  same  to  the  highest  bidder  at  public  sale.  If 
the  original  grant  shall  prescribe  that  the  Mayor  and  City 
Council  of  Baltimore  shall  at  its  election  make  payment  for 
such  plant  and  property,  such  payment  shall  be  at  a  fair  valua- 
tion of  the  same  as  property,  excluding  any  value  derived  from 
the  franchise  or  right,  and  if  the  City  shall  make  payment 
for  such  plant  and  property,  it  may,  in  that  event,  operate 
the  plant  and  property  on  its  own  account  for  five  years,  after 
which  it  may  determine  either  to  continue  such  operation  on  its 
own  account  or  to  lease  the  said  plant  and  property  and  the  said 
franchise  or  right  to  use  the  highways,  avenues,  streets,  lanes 
and  alleys  or  other  public  property  in  connection  therewith, 
for  limited  periods,  under  such  rules  and  regulations  as  it  may 
prescribe,  or  to  sell  the  plant  and  property  to  the  highest  bidder 
at  public  sale.  Every  grant  of  any  such  franchise  or  right  shall 
make  provision,  by  way  of  forfeiture  or  otherwise,  of  the  grant 
for  the  purpose  of  compelling  compliance  with  the  terms  of  the 
grant,  and  to  secure  efficiency  of  public  service  at  reasonable 
rates,  and  the  maintenance  of  the  property  in  good  condition, 
throughout  the  full  term  of  the  grant.  The  grant  shall  also 
specify  the  mode  of  determining  the  valuations  and  re-valua- 
tions which  may  be  provided  for  therein. 

lo-  Before  any  grant  of  the  franchise  or  right  to  use  any 
highway,  avenue,  street,  lane  or  alley,  or  other  public  prop- 
erty, either  on,  above  or  below  the  surface  of  the  same  shall  be 
made,  the  proposed  specific  grant,  except  as  provided  in  the 
proviso  to  Section  37  of  this  Article,  embodied  in  the  form  of 


34 

a  brief  advertisement,  prepared  by  the  Board  of  Estimates,  at. 
the  expense  of  the  applicant,  shall  be  published  by  the  Comp- 
troller for  at  least  three  days  in  one  daily  newspaper  published, 
in  Baltimore  City  to  be  designated  by  the  Board  of  Estimates, 
and  all  the  provisions  of  Section  37  of  this  Article  shall  be: 
complied  with. 

II-  When  the  grant  of  a  franchise  or  right  is  made 
in  compliance  with  the  aforegoing  sections,  the  Mayor 
and  City  Council  of  Baltimore  shall  not  part  with,  but  shall) 
expressly  reserve  the  right  and  duty,  at  all  times,  to  exercise,  irt 
the  interest  of  the  public,  full  municipal  superintendence,  regu- 
lation and  control,  in  respect  to  all  matters  connected  with  said 
grant  and  not  inconsistent  with  the  terms  thereof. 

12«  Sections  8,  9,  10  and  n  of  this  Article  shall  apply  to 
any  renewal  or  extension  of  the  grant  or  leasing  of  the  property 
to  the  same  grantee  or  to  others. 

13«     Nothing  contained  in  this  Article  shall  prevent  the- 
Mayor  and  City  Council  of  Baltimore  from  disposing  of  any 
building  or  parcel  of  land  no  longer  needed  for  public  use  ; 
provided,  that  such  disposition  shall  be  approved  by  the  Finance- 
Commissioners  by  their  uniting  in  the  conveyance  thereof,  and 
shall  be  made  at  public  sale,  and  be  provided  for  by  ordinance;, 
nor  to  the  renting  for  fixed  and  limited  terms  of  any  of  its  prop- 
erty not  needed  for  public  purposes,  on  approval  of  the  Com- 
missioners of  Finance. 

Contracts  With  the  City. 

14-  Hereafter  in  contracting  for  any  public  work  or  the 
purchase  of  any  supplies  or  materials  involving  an  expenditure- 
of  five  hundred  dollars  or  more  tor  the  City,  or  by  any  of  the 
City  departments,  sub-departments  or  municipal  officers  not 
embraced  in  a  department,  or  special  commissions  or  boards, 
unless  otherwise  provided  for  in  this  Article,  proposals  for  the 
same  shall  be  first  advertised  for,  in  two  or  more  daily  news- 
papers published  in  Baltimore  City,  for  not  less  than  ten  nor 
more  than  twenty  days,  and  the  contract  for  doing  said  work 


35 

or  furnishing  said  supplies  or  materials,  shall  be  awarded  by  the 
Board  provided  for  in  the  next  section  of  this  Article,  and  in 
the  mode  and  manner  as  therein  prescribed. 

15'.  All  bids  made  to  the  Mayor  and  City  Council  of  Balti- 
more for  supplies  or  work  for  any  purpose  whatever,  unless 
otherwise  provided  in  this  Article,  shall  be  opened  by  a  Board, 
or  a  majority  of  them,  consisting  of  the  Mayor,  who  shall 
be  President  of  the  same;  the  Comptroller,  City  Register, 
City  Solicitor,  and  President  of  the  Second  Branch,  which 
Board,  or  a  majority  of  them,  shall,  after  opening  said  bids, 
award  the  contract  to  the  lowest  responsible  bidder.  The  suc- 
cessful bidder  shall  promptly  execute  a  formal  contract  to  be 
approved  as  to  its  form,  terms  and  conditions  by  the  City  Solic- 
itor, and  he  shall  also  execute  and  deliver  to  the  Mayor  a  good 
and  sufficient  bond  to  be  approved  by  the  Mayor  in  double 
the  amount  of  the  contract  price.  To  all  such  bids  there 
shall  be  attached  a  certified  check  of  the  bidder,  and  the 
bidder  who  has  had  the  contract  awarded  to  him,  and  who 
fails  to  promptly  and  properly  execute  the  required  con- 
tract and  bond,  shall  forfeit  said  check.  The  said  check  shall 
be  taken  and  considered  as  liquidated  damages,  and  not  a  pen- 
alty, for  failure  of  said  bidder  to  execute  said  contract  and  bond. 
Upon  the  execution  of  said  contract  and  bond  by  the  successful 
bidder,  the  said  check  shall  be  returned  to  him.  The  amount 
of  said  check  shall  be  five  hundred  dollars,  unless  otherwise  pro- 
vided by  ordinance,  or  an  order  or  regulation  of  the  depart- 
ment for  whose  use  the  bids  are  made  and  contract  entered  into. 
The  checks  of  the  unsuccessful  bidders  shall  be  returned  to 
them  after  opening  the  bids  and  awarding  the  contract  to  the 
successful  bidder. 

MAYOR. 

16-  The  inhabitants  of  the  City  of  Baltimore  qualified  to 
vote  for  members  of  the  House  of  Delegates  shall,  on  the 
Tuesday  next  after  the  first  Monday  in  May,  eighteen  hundred 
and  ninety-nine,  and  on  the  same  day  and  month  in  every 
fourth  year  thereafter,  elect  by  ballot  a  person  of  known  in- 
tegrity, experience  and  sound  judgment,  over  twenty-five 
years  of  age,  a  citizen  of  the  United  States,  and  five  years  a 


36 

resident  of  said  City  next  preceding  the  election,  and  assessed 
with  property  in  said  City  to  the  amount  of  two  thousand  dol- 
lars, and  who  has  paid  taxes  thereon  for  two  years  preceding 
his  election,  to  be  Mayor  of  the  City  of  Baltimore;  but  the 
Mayor  chosen  at  the  first  election  under  this  section  shall  not 
enter  upon  the  discharge  of  the  duties  of  the  office  until  the  ex- 
piration of  the  term  for  which  the  present  Mayor  was  elected; 
unless  the  said  office  of  Mayor  shall  become  vacant  by  death, 
resignation,  removal  from  the  State  or  other  disqualification  of 
the  present  Mayor. 

17«  Prior  to  every  municipal  election,  as  provided  for  in 
this  Article,  there  shall  be,  on  the  first  and  second  Mondays  of 
April,  a  supplementary  registration  of  voters  of  Baltimore  City, 
which  registration  shall  be  under  the  supervision  of  the  Super- 
visors of  Election,  and  conducted  in  conformity  with  the  pro- 
visions of  the  law  then  in  force  relating  to  the  registration  of 
voters.  On  each  day  of  said  registration  the  registers  shall 
revise  the  list  of  registered  voters  made  at  their  last  regular 
sitting,  by  adding  the  names  of  those  persons  who  are  entitled 
to  registration  at  that  time,  and  striking  from  said  registration 
lists  the  names  of  those  persons  who  have  died  or  become  dis- 
qualified since  the  said  last  sitting,  and  the  registration  lists 
used  at  the  preceding  November  election,  after  being  revised 
as  herein  directed,  shall  be  used  at  the  municipal  election  in 
May. 

!8.  In  case  of  vacancy  in  the  office  of  Mayor,  by  death, 
resignation  or  permanent  disqualification,  the  President  of  the 
Second  Branch  of  the  City  Council  shall  be  Mayor  for  the  resi- 
due of  the  term  for  which  said  Mayor  was  elected. 

19«  In  case  of  sickness  or  necessary  absence  of  the  Mayor, 
the  President  of  the  Second  Branch  of  the  City  Council  shall 
be  ex  officio  Mayor  of  the  City  during  the  continuance  of  said 
sickness  or  necessary  absence. 

2O.  The  term  of  the  Mayor  shall  commence  on  the  Tues- 
day next  after  the  third  Monday  of  May  succeeding  his  elec- 
tion, and  continue  for  four  years,  and  until  his  successor  shall 


37 

be  elected  and  qualified,  and  he  shall  receive  a  salary  of  six 
thousand  dollars  per  annum,  payable  monthly.  He  may  ap- 
point such  persons  to  aid  him  in  the  discharge  of  his  duties  as 
may  be  prescribed  by  ordinance. 

21.  The  Mayor,  by  virtue  of  his  office,  shall  have  all  the 
jurisdiction  and  power,  as  a  conservator  of  the  peace,  of  a  Jus- 
tice of  the  Peace,  and  may  call  upon  any  officer  of  the  City 
entrusted  with  the  receipt  or  expenditure  of  public  money,  for 
a  statement  of  his  account  as  often  as  he  may  think  necessary, 
and  may  at  any  time  by  expert  accountants  and  bookkeepers 
examine  the  books  and  accounts  of  any  department,  sub- 
department,  municipal  board,  officer,  assistant,  clerk,  subor- 
dinate or  employee. 

22«  The  Mayor  shall  see  that  the  ordinances  and  resolu- 
tions are  duly  and  faithfully  executed,  and  shall  report  to  the 
City  Council,  as  soon  as  practicable  after  the  first  day  of  Jan- 
uary in  each  year,  the  general  state  of  the  City,  with  an  accu- 
rate account  of  the  money  received  and  expended,  to  be  pub- 
lished for  the  information  of  the  citizens.  He  shall  have  gen- 
eral supervision  over  all  departments,  sub-departments,  munic- 
ipal officers  not  embraced  in  a  department  and  special  com- 
missioners or  boards. 

23-  All  ordinances  or  resolutions  duly  passed  by  the  City 
Council,  after  being  properly  certified  by  the  Presidents  of  the 
First  and  Second  Branches  of  the  City  Council  as  having  been 
so  passed,  shall  be  delivered  by  the  Clerk  of  the  Branch  in 
which  the  same  originated,  to  the  Mayor  for  his  approval,  and 
there  shall  be  noted  on  said  ordinances  or  resolutions  the  date 
of  said  delivery  ;  and,  when  approved  by  him,  they  shall  be- 
come ordinances  or  resolutions  of  the  Mayor  and  City  Council 
of  Baltimore.  If  the  Mayor  shall  not  approve  of  any  ordi- 
nance or  resolution  so  passed  by  the  City  Council  he  shall 
return  the  same  with  his  objections  in  writing  to  the  Branch 
in  which  the  said  ordinance  or  resolution  originated,  within  five 
days  of  actual  regular  sittings  of  said  Branch,  excluding  special 
sittings  called  by  the  Mayor,  occurring  after  such  delivery  of 
said  ordinance  or  resolution  to  him,  which  objections,  upon 


38 

receipt  of  the  same  by  said  Branch,  shall  be  forthwith  read  to 
such  Branch  and  entered  at  large  on  its  Journal  ;  and  such 
Branch  shall,  after  five  days  and  within  ten  days  after  such  ordi- 
nance or  resolution  shall  have  been  returned  to  it  by  the  Mayor, 
proceed  to  reconsider  and  vote  upon  the  same.  If  such  ordi- 
nance or  resolution  shall,  after  reconsideration,  be  again  passed 
by  three-fourths  of  all  the  members  elected  to  said  Branch  it 
shall  be  forthwith  sent,  with  the  objections  of  the  Mayor,  to  the 
other  Branch,  and  after  five  days  and  within  ten  days,  after  it  is 
so  sent,  it  shall  likewise  be  reconsidered  and  voted  upon  also 
by  said  other  Branch,  and  if  passed  by  a  vote  of  three-fourths 
of  all  the  members  elected  to  said  other  Branch  it  shall  be  and 
become,  to  all  intents  and  purposes,  an  ordinance  or  resolution 
of  the  Mayor  and  City  Council  of  Baltimore.  In  such  cases, 
after  said  reconsideration,  the  votes  on  the  question  of  the  pas- 
sage of  such  ordinance  or  resolution  over  the  veto  of  the 
Mayor  shall  be  determined  by  yeas  and  nays,  and  the  names 
of  the  persons  voting  for  and  against  the  passage  of  said 
ordinance  or  resolution  over  the  veto  of  the  Mayor  shall 
be  entered  on  the  respective  Journals  of  each  Branch  of 
the  City  Council.  If  any  ordinance  or  resolution  duly 
passed  by  the  City  Council  shall  not  be  returned  by  the 
Mayor  to  the  Branch  of  the  City  Council  in  which  the 
same  originated  within  five  days  of  its  actual  regular  sittings, 
excluding  special  sittings  called  by  the  Mayor,  after  it  shall 
have  been  delivered  to  him,  the  same  shall  become  an  ordi- 
nance or  resolution  of  the  Mayor  and  City  Council  of  Balti- 
more in  the  same  manner  as  if  the  Mayor  had  approved  it, 
unless  the  City  Council  by  an  adjournment  sine  die,  or 
for  a  period  exceeding  one  'month,  shall  prevent  its  re- 
turn. In  case  an  ordinance  or  resolution  duly  passed  by  the 
City  Council  shall  embrace  different  items  of  appropriation,  the 
Mayor  may  approve  the  provisions  thereof  relating  to  one  or 
more  items  of  appropriation  and  disapprove  the  others,  and  in 
such  case  those  he  shall  approve  shall  become  effective  and 
those  which  he  shall  not  approve  shall  be  reconsidered  in  man- 
ner and  form  as  hereinbefore  prescribed  in  this  section,  by  both 
Branches  of  the  City  Council,  and  shall  become  effective  if  again 
passed  over  the  veto  of  the  Mayor  by  the  vote  as  above  pre- 
scribed for  the  passage  over  the  veto  of  the  Mayor  of  entire  ordi- 


39 

-nances  or  resolutions.  The  mode  and  manner  of  procedure  of 
both  Branches  of  the  City  Council  and  of  the  Mayor  in  the  mat- 
ter of  the  veto  of  one  or  more  distinct  items  of  appropriation  in 
-any  ordinance  or  resolution  shall  be  the  same  as  the  mode  and 
manner  of  procedure  prescribed  in  this  section  for  the  passage 
of  an  entire  ordinance  or  resolution  over  the  veto  of  the  Mayor. 

24-  The  Mayor  shall  summon  all  the  heads  of  departments 
to  a  conference  on  municipal  matters  at  least  once  in  each  fiscal 
year,  and  oftener,  if  he  thinks  the  public  interests  will  be  pro- 
moted thereby,  and  every  head  of  department  shall  report  to 
him,  orally  or  in  writing,  as  he  may  prefer,  once  in  every  month. 

25-  The  Mayor  shall  have  the  sole  power  of  appointment  of 
-all  heads  of  departments,  heads  of  sub-departments,  municipal 
officers  not  embraced  in  a  department  and  all  special  commis- 
rsioners  or  boards,  except  as  otherwise  provided  in  this  Article, 
subject  to  confirmation  by  a  majority  vote  of  all  the  members 
•elected  to  the  Second  Branch  of  the  City  Council  ;  provided, 
said  Second  Branch  shall  take  action  on  such  nomination 
within  the  first  three  regular  succeeding  sittings  of  said  Branch 
•after  said  nominations  are  sent  to  it  by  the  Mayor.     If  the 

Branch  fails  to  take  such  action  within  said  time,  then  the  per- 
son or  persons  so  nominated  shall  be  to  all  intents  and  purposes 
-such  officer  or  officers  as  if  they  had  been  confirmed  by  said 
'Second  Branch.  If  said  Second  Branch  shall,  by  the  required 
vote  and  in  the  prescribed  time,  refuse  to  confirm  such  nomina- 
tions, the  Mayor  shall,  within  the  next  three  regular  succeeding 
sittings  of  said  Branch,  send  to  it  other  name  or  names  for  such 
office  or  offices,  and  the  duties  of  said  Second  Blanch  and  the 
Mayor  shall  continue  to  be  as  above  prescribed  until  i  confirma- 
tion is  had  or  a  failure  to  act  for  three  regular  succeeding  sit- 
tings by  the  said  Second  Branch  occurs.  The  Mayor  shall 
have  the  power  to  remove  at  pleasure,  during  the  first  six 
^months  of  their  respective  terms,  the  heads  of  all  departments 
or  members  thereof,  heads  of  sub-departments,  or  members 
thereof,  municipal  officers  not  embraced  in  a  department  and 
special  commissions  or  boards,  or  members  thereof,  appointed 
by  him,  but  after  six  months  the  Mayor  shall  only  remove  said 
officials  for  cause,  after  charges  preferred  against  them,  notice 


40 

given  and  trial  had  before  the  Mayor.  The  terms  of  all 
municipal  officials  appointed  by  the  Mayor  shall  be  four 
years,  unless  otherwise  provided  for  in  this  Article.  All. 
municipal  officials  who  are  appointed  by  the  Mayor  shall 
be  appointed  in  the  month  of  September  succeeding  his 
election,  and  enter  into  their  respective  offices  on  the  first 
Monday  in  October,  immediately  following  their  respective 
appointments,  or  as  soon  thereafter  as  their  appointments 
have  been  confirmed,  as  above  provided,  if  appointed  or 
confirmed  subsequent  thereto;  but  the  Mayor  first  chosen 
under  this  Article  shall  appoint  said  officials  in  the  month 
of  February  succeeding  his  election,  subject  to  confirmation  by 
the  Second  Branch  of  the  City  Council,  and  they  shall  enter 
upon  their  duties  on  the  succeeding  first  of  March,  and  shall 
hold  office  until  their  successors  under  the  provisions  of  this 
Article  are  appointed  and  qualified,  unless  sooner  removed 
under  the  provisions  of  this  Article.  All  municipal  officials,, 
boards  and  commissioners  in  office  under  the  Mayor  and  City 
Council  of  Baltimore,  upon  the  date  of  the  passage  of  this 
Article,  unless  otherwise  provided  in  this  Article,  shall  hold 
their  respective  offices  under  existing  laws  and  ordinances,  the 
same  as  if  this  Article  had  not  been  passed,  until  their  succes- 
sors are  appointed,  as  provided  in  this  section,  in  February 
nineteen  hundred;  they  shall  be  subject  to  removal,  as  pro- 
vided in  said  laws  and  ordinances,  and  all  vacancies  occurring 
in  said  offices  shall  be  filled  as  now  provided  for  in  said  exist- 
ing laws  and  ordinances;  said  municipal  officials,  boards  and 
commissioners  shall  perform  the  duties  respectively  now  pre- 
scribed by  existing  laws  and  ordinances  which  are  not  incon- 
sistent with  the  provisions  of  this  Article,  and  they  shall  also 
perform  such  additional  duties  as  may  be  required  to  be  per- 
formed by  such  officers  in  this  Article.  The  Mayor  first 
elected  under  the  provisions  of  this  Article,  shall  organize  the 
municipal  government  of  Baltimore  City,  as  provided  for  in 
said  Article,  and  appoint  the  heads  of  departments,  sub- 
departments,  municipal  officers,  boards  and  commissions  pro- 
vided for  therein,  in  the  month  of  February,  nineteen  hun- 
dred, All  persons  appointed  by  the  Mayor,  as  well  as 
those  municipal  officials  elected  by  the  people  or  by  the  joint 
convention  of  the  City  Council,  shall,  before  entering  upon  the 


41 

discharge  of  their  respective  duties,  qualify  by  taking  before 
the  Mayor  an  oath  to  faithfully  perform  the  duties  of  their  re- 
spective offices,  and  that  they  will  support  the  Laws  and  Con- 
stitutions of  the  United  States  and  of  the  State  of  Maryland. 
A  test  book  shall  be  kept  by  the  Mayor,  which  shall  be  signed 
at  the  time  of  taking  the  oath  aforesaid  by  said  officials,  and 
after  the  qualification  aforesaid,  the  Mayor  shall  issue  to  the 
said  officials  a  commission  signed  by  himself  with  the  cor- 
porate seal  attached.  All  vacancies  occurring  in  any  of  the 
offices  which  the  Mayor  is  empowered  to  fill,  during  the  re- 
cess of  the  Second  Branch,  unless  otherwise  provided  in  this 
Article,  shall  be  filled  by  the  Mayor  until  the  next  regular  meet- 
ing of  the  Second  Branch,  at  which  meeting  the  Mayor  shall 
present  the  name  of  a  person  for  confirmation  to  fill  said 
vacancy,  and  the  mode  and  manner  of  procedure  in  such  a  case 
shall  be  the  same  as  provided  for  in  this  section  for  other 
appointments  by  the  Mayor  and  confirmation  by  the  Second 
Branch. 

26«  No  person  shall  at  any  time  hold  more  than  one  office 
yielding  pecuniary  compensation  under  the  Mayor  and  City 
Council  of  Baltimore.  All  municipal  officials,  except  females, 
shall  be  registered  voters  of  the  City  of  Baltimore. 

27'  All  heads  of  departments,  heads  of  sub-departments, 
municipal  officers  not  embraced  in  a  department,  or  special 
commissions  or  boards,  provided  for  in  this  Article,  shall  hold 
their  offices  until  their  successors  are  appointed  or  elected  and 
qualified. 

28-  The  heads  of  departments,  heads  of  sub-departments, 
municipal  officers  not  embraced  in  a  department,  and  all  spe- 
cial commissions  or  boards  shall  have  the  sole  power  of  ap- 
pointment and  removal  at  pleasure  of  all  deputies,  assistants, 
clerks  and  subordinate  employees  employed  by  them,  unless 
otherwise  provided  in  this  Article. 

29>  All  heads  of  departments  shall  have  the  privilege  of 
the  floor  in  the  First  Branch  of  the  City  Council  at  its  sittings, 
and  shall  be  entitled  to  participate  in  the  discussion  of  matters 


42 

relating  to  their  respective  departments,  but  shall  have  no  vote. 
When  the  head  of  a  department  is  a  Board,  or  composed  of 
more  than  one  person,  the  President  thereof  shall  be  entitled 
to  the  privilege  provided  for  in  this  section. 

3O«  The  Mayor,  in  appointing  all  heads  of  departments, 
.sub-departments,  boards  and  commissions  or  members  of  any 
such,  composed  of  more  than  one  person,  shall  appoint  a  mi- 
nority of  the  members  of  each  of  such  bodies  of  persons  from 
a  different  political  party  from  those  forming  the  majority  of 
said  departments,  sub-departments,  boards  and  commissions 
or  members  of  any  such,  and  in  ascertaining  the  political  party 
from  which  such  minority  representatives  shall  be  taken,  he 
shall  select  from  that  party  which  cast  the  next  highest  vote  at 
the  preceding  election. 

EXECUTIVE     DEPARTMENT. 

31-  The  executive  power  of  the  Mayor  and  City  Council  of 
Baltimore  shall  be  vested  in  the  Mayor,  the  departments,  sub- 
departments,  municipal  officers  not  embraced  in  a  department 
"herein  provided  for,  and  such  special  commissioners  or  boards 
as  may  hereafter  be  provided  for  by  laws,  or  ordinances  not  in- 
consistent with  this  Article.  All  municipal  officials,  unless 
otherwise  provided  for  by  laws  or  ordinances,  shall  give  bond 
to  the  City  for  the  faithful  discharge  of  their  duties,  to  be  ap- 
proved by  the  Mayor,  and  in  such  penalties  as  may  be  pre- 
scribed by  laws  or  ordinances.  The  Mayor  shall  be  the  chief 
executive  officer  of  the  City,  and  in  addition  to  the  following 
administrative  departments,  sub-departments,  and  municipal 
officers  not  embraced  in  a  department,  there  shall  be  such  as- 
sistants, clerks  and  employes  to  said  departments,  sub-depart- 
ments and  municipal  officers  as  may  be  prescribed  by  ordi- 
nances not  inconsistent  with  ihis  Article  not  herein  otherwise 
provided  for.  The  several  heads  of  departments,  heads  of  sub- 
departments,  municipal  officers  not  embraced  in  a  department, 
and  special  commissioners  or  boards,  shall  have  the  power  to 
pass  such  rules  and  regulations,  not  inconsistent  with  the  laws 
or  ordinances,  for  the  government  of  their  respective  depart- 
•ments  as  they  may  deem  right  and  proper.  All  heads  of  de- 


43 

partments  composed  of  Boards  shall  hold  at  least  one  meeting 
every  month  for  the  purpose  of  consultation  and  advice,  and 
in  order  to  become  familiar  with  the  business  and  the  mode  of 
conducting  the  same,  of  the  sub-departments  of  their  respec- 
tive departments.  A  record  of  all  the  proceedings  and  official 
acts  of  heads  of  departments  and  sub-departments,  municipal 
officials  and  commissioners  shall  be  kept  in  a  well-bound  book, 
and  a  certified  copy  of  said  record  or  any  part  thereof  under 
the  corporate  seal  of  the  City  shall  be  admissible  in  evidence 
in  any  Court  of  this  State  as  proof  of  such  record  or  part 
thereof. 

The  said  executive  departments  shall  be  as  follows: 

I. — Department  of  Finance, 
With  the  following  Sub-Departments: 

1.  Comptroller. 

2.  City  Register. 

3.  Board  of  Estimates. 

4.  Commissioners  of  Finance. 

5.  City  Collector. 

6.  Collector  of  Water  Rents  and  Licenses. 

II. — Department  of  Law, 
Composed  of 

City  Solicitor. 

III. — Department  of  Public  Safety, 

With  the  following  Sub-Departments: 

1.  Board  of  Fire  Commissioners. 

2.  Commissioner  of  Health. 

3.  Inspector  of  Buildings. 

4.  Commissioner  of  Street  Cleaning. 

IV. — Department  of  Public  Improvements, 

With  the  following  Sub-Departments: 

1.  City  Engineer. 

2.  Water  Board. 

3.  Harbor  Board. 

4.  Inspector  of  Buildings. 


44 

V. — Department  of  Parks  and  Squares, 
Composed  of 

Board  of  Park  Commissioners. 

VI. — Department  of  Education, 
Composed  of 

Board  of  School  Commissioners. 

VII. — Department  of  Charities  and   Corrections, 

With  the  following  Sub-Departments: 

1.  Supervisors  of  City  Charities. 

2.  Visitors  to  the  Jail. 

VIII. — Department  of  Review  and  Assessment, 
With  the  following  Sub-Departments; 

1.  Appeal  Tax  Court. 

2.  Commissioners  for  Opening  Streets. 

IX. — Division  Embracing  Municipal  Officers  Not  Included  in  Any 

Department. 

1.  City  Librarian. 

2.  Art  Commission. 

3.  Superintendent  of  Lamps  and  Lighting. 

4.  Surveyor. 

5.  Constables. 

6.  Superintendent  of  Public  Buildings. 

7.  Public  Printer. 

Department  of  Finance. 

32«  There  shall  be  a  Department  of  Finance  of  the  Mayor 
and  City  Council  of  Baltimore,  which  shall  consist  of  the 
Comptroller,  City  Register,  Board  of  Estimates,  Commis- 
sioners of  Finance,  City  Collector  and  Collector  of  Water 
Rents  and  Licenses.  The  head  of  said  Department  shall  con- 
sist of  a  Board  of  Finance  composed  of  the  Comptroller,  City 
Register,  President  of  the  Board,  of  Estimates,  President  of 
the  Commissioners  of  Finance,  City  Collector  and  Collector  of 


45 

Water  Rents  and  Licenses.  This  Board  shall  be  for  consulta- 
tion and  advice,  and  it  shall  have  no  power  to  direct  or  con- 
trol the  duties  or  the  work  of  any  sub-department.  It  shall 
perform  such  other  duties  as  may  be  prescribed  by  ordinances 
not  inconsistent  with  this  Article.  The  Comptroller  shall  be 
the  President  of  said  Board.  The  fiscal  year  of  the  Mayor  and 
City  Council  of  Baltimore  shall  begin  on  the  first  day  of  Jan- 
uary and  end  on  the  thirty-first  day  of  December  in  every  year. 

33«  The  Comptroller  shall  be  elected  by  the  inhabitants  of 
the  City  of  Baltimore  qualified  to  vote  for  Mayor  on  the  Tues- 
day next  after  the  first  Monday  in  May,  in  the  year  eighteen 
hundred  and  ninety-nine,  and  on  the  same  day  and  month  in 
every  fourth  year  thereafter.  He  shall  be  a  person  possessing 
the  same  qualifications  as  herein  prescribed  for  Mayor.  The 
term  of  the  Comptroller  shall  commence  on  the  Tuesday  next 
after  the  third  Monday  in  May,  in  the  year  eighteen  hundred 
and  ninety-nine,  and  continue  for  four  years,  and  until  his 
successor  is  elected  and  qualified,  and  he  shall  receive  a  salary 
of  three  thousand  five  hundred  dollars  per  annum,  payable 
monthly. 

34-  The  Comptroller  shall  be  the  head  of  the  first  sub- 
department  of  Finance,  and  he  shall  appoint  a  Deputy  Comp- 
troller and  such  clerks  as  may  be  provided  for  by  ordinance,  in- 
cluding one  to  be  known  as  the  Audit  Clerk,  and  another  for 
the  collection  of  harbor  and  wharf  rents,  to  be  known  as  Har- 
bor Master,  with  such  assistants  to  him  as  may  be  provided  for 
by  ordinance,  and  another  for  the  collection  of  fees  for  the  in- 
spection of  weights  and  measures,  to  be  known  as  the  Inspector 
of  Weights  and  Measures,  with  such  assistants  to  him  as 
may  be  provided  for  by  ordinance,  and  another  to  be  known  as 
Market  Master,  with  such  assistants  to  him  as  may  be  provided 
by  ordinance.  The  salary  of  such  Deputy,  assistants  and 
clerks  shall  be  fixed  by  ordinances.  All  of  such  appointees 
shall  be  subject  to  the  written  approval  of  the  Mayor.  The 
Comptroller  shall  have  general  supervision  over  the  financial 
matters  of  the  City,  and  shall  have  oversight  of  all  sub-depart- 
ments in  this  department.  No  claim,  account  or  demand 
against  the  City  of  any  kind  whatsoever  shall  be  paid  unless 
first  audited  and  approved  by  the  Comptroller.  All  moneys 


46 

collected  for  the  use  of  the  City  by  any  municipal  official, 
unless  otherwise  provided  in  this  Article,  shall  be  turned  over 
to  the  Comptroller  and  by  him  deposited  with  the  City  Reg- 
ister. He  shall  perform  such  other  duties  as  may  be  pre- 
scribed by  ordinances,  not  inconsistent  with  this  Article.  In 
case  of  the  temporary  absence  or  disqualification  of  the  Comp- 
troller, or  a  vacancy  occurring  in  said  office  from  any  cause, 
the  Deputy  Comptroller  shall,  during  such  absence  or  dis- 
qualification or  vacancy  from  any  cause,  act  as  Comptroller. 
The  Second  Branch  of  the  City  Council,  by  a  majority  vote  of 
all  the  members  elected  to  said  Branch,  may  remove  the 
Comptroller  from  office  for  incompetency,  wilful  neglect  of 
duty  or  misdemeanor  in  office,  upon  charges  preferred  by  the 
Mayor,  and  after  notice  of  such  charges  is  given  to  the  Comp- 
troller and  an  opportunity  afforded  him  to  be  heard  by  said 
Branch. 

35»  The  City  Register  shall  be  the  head  of  the  second  sub- 
department  of  Finance,  and  he  shall  be  the  register  of  the  public 
debt,  and  also  the  custodian  of  all  moneys  belonging  to  the 
Mayor  and  City  Council  of  Baltimore.  He  shall  be  appointed 
by  a  joint  convention  of  the  two  Branches  of  the  City  Council 
on  the  Tuesday  next  after  the  fourth  Monday  of  May,  in  the 
year  eighteen  hundred  and  ninety-nine,  and  o'n  the  same  day 
and  month  in  every  fourth  year  thereafter.  »  His  salary  shall  be 
three  thousand  and  three  hundred  dollars  per  annum,  payable 
monthly,  in  addition  to  three  hundred  dollars  for  services  ren- 
dered the  State,  as  provided  for  in  section  93  of  Article  81, 
Code  of  Public  General  Laws.  He  shall  be  removable  at  the 
pleasure  of  the  convention  of  the  said  two  Branches.  The  City 
Register  shall  take  under  his  charge  and  keeping  the  corporate 
seal  of  the  City,  and  use  it  in  all  cases  which  are  now  or  may  be 
hereafter  required  by  Federal  or  State  laws,  ordinances,  or  the 
uses  and  customs  of  nations,  and  shall  charge  a  fee  of  two 
dollars  for  each  impression  of  the  seal  except  such  as  shall  be 
affixed  to  or  impressed  upon  documents  for  the  Mayor  and 
City  Council  or  used  in  connection  with  the  affairs  of  the  City. 
He  shall  pay  to  the  Comptroller,  for  the  use  of  the  Mayor  and 
City  Council  of  Baltimore,  all  fees  so  received  by  him.  He 
shall  have  power  to  appoint  a  Deputy  Register,  with  a  salary 


47 

of  eighteen  hundred  dollars  per  annum,  payable  monthly,  and 
such  other  clerical  assistants  as  may  be  prescribed  by  ordi- 
nance not  inconsistent  with  this  Article.  In  case  of  a  vacancy 
occurring  in  the  office  of  City  Register  by  removal  or  other- 
wise, the  joint  convention  of  the  two  Branches  of  the  City 
Council  shall  forthwith  fill  said  vacancy.  He  shall  perform 
such  other  duties  as  may  be  prescribed  by  ordinance  not  in- 
consistent with  this  Article;  provided,  the  present  incumbent 
of  the  office  of  City  Register  shall  hold  his  office  until  the  ex- 
piration of  his  term,  as  now  provided  under  existing  laws  and 
ordinances,  and  should  a  vacancy  occur  in  said  office,  a  suc- 
cessor shall  be  appointed  by  a  joint  convention  of  the  City 
Council  for  the  balance  of  said  term. 

36-  The  Board  of  Estimates  shall  be  the  head  of  the  third 
sub-department  of  Finance,  and  shall  consist  of  the  Mayor,  City 
Solicitor,  Comptroller,  President  of  the  Second  Branch  City 
Council  and  President  of  the  Board  of  Public  Improvements. 
The  first  meeting  of  said  Board  in  every  year  shall  be  called  by 
notice  from  the  Mayor  or  President  of  the  Second  Branch  of  the 
City  Council,  personally  served  upon  members  of  the  said 
Board.  Subsequent  meetings  shall  be  called  as  the  said  Board 
may  direct.  The  President  of  the  Second  Branch  shall  be 
President  of  said  Board,  and  one  of  the  number  shall  act  as 
Secretary,  and  said  Board  may  employ  such  clerks  as  may  be 
necessary  to  discharge  its  duties,  their  number  and  compen- 
sation shall  be  fixed  by  ordinance.  The  said  Board  shall  have 
power  at  any  time  to  summon  before  it  the  heads  of  the  depart- 
ments and  sub-departments,  and  all  municipal  officers  and 
special  commissions  or  boards.  The  said  Board  shall  annually, 
between  the  first  day  of  October  and  the  first  day  of  November, 
meet,  and  by  an  affirmative  vote  of  a  majority  of  all  the  mem- 
bers make  out  the  following  three  lists  of  moneys  to  be  appro- 
priated by  the  City  Council  for  the  next  ensuing  fiscal  year. 

First — A  list,  to  be  known  as  the  "Departmental  Estimates," 
of  the  amounts  estimated  to  be  required  to  pay  the  expenses  of 
conducting  the  public  business  for  the  next  ensuing  fiscal  year, 
including  the  expenditures  by  the  City  Council  for  the  salaries 
of  its  members,  officers  and  expenses;  said  list  shall  be  pre- 
pared in  such  detail,  as  to  the  aggregate  sum  and  the  items 


48 

thereof  allowed  to  the  two  Branches  of  the  City  Council,  each 
department,  sub-department,  municipal  officer  not  embraced  in 
a  department  and  special  commissions  or  boards,  as  the  said 
Board  shall  deem  advisable.     In  order  to  enable  said  Board  to 
make  such  list,  the  Presidents  of  the  two  Branches  of  the  City 
Council,  the  heads  of  departments,  heads  of  sub-departments, 
municipal  officers  not  embraced  in  a  department,  and  special 
commissions  or  boards,  shall,  at  least  thirty  days  before  the 
said  list  is  hereby  required  to  be  made,  send  to  the  said  Board, 
in  writing,  estimates  of  the  amounts  needed  for  the  conduct, 
respectively,   of  the   City   Council,   departments,   sub-depart- 
ments, municipal  offices   not  embraced  in  a  department,  com- 
missions or  boards  for  the  next  ensuing  fiscal  year.     Such  esti- 
mates shall  be  verified  by  the  oath  or  affirmation  of  the  per- 
sons making;  them;  and  a  wilfully  false  statement  made  in  a 
material  matter  contained  in  said  estimates  so  made  to  said 
Board  shall  be  perjury.    The  said  estimates  shall  specify,  in 
detail,  the  objects  thereof,  and  the  items  required  for  the  ex- 
penses of  the  City  Council,  and  the  respective  departments, 
sub-departments,  municipal  offices  not  embraced  in  a  depart- 
ment, and  special  commissions  or  boards,  as  aforesaid,   in- 
cluding a  statement  of  each  of  the  salaries  of  the  members  of 
the  City  Council  and  its  officers  and  clerks,  and  the  salaries 
of  the  deputies,  assistants,  clerks,  employees  and  subordinates 
in  each  department,  sub-department,  municipal  office  or  spe- 
cial commission  or  board. 

Second — A  list  containing  all  amounts  to  be  appropriated  by 
the  City  Council  for  new  improvements  to  be  constructed  by  any 
department  of  the  City  during  the  next  ensuing  fiscal  year, 
said  list  to  be  known  as  the  "Estimates  for  New  Improve- 
ments." Heads  of  departments,  heads  of  sub-departments, 
municipal  officers  not  embraced  in  a  department,  and  special 
commissions  or  boards  shall,  in  writing,  thirty  days  before  the 
time  required  to  make  such  list  by  said  Board,  file  with  said 
Board  their  recommendations  as  to  the  amounts  which  they 
may  consider  will  be  needed  in  their  respective  departments 
for  new  improvements  during  the  next  ensuing  fiscal  year. 

Third — A  list  containing  all  amounts  which  by  previous 
laws,  ordinances  or  contracts  are  required  to  be  annually  ap- 
propriated to  charities,  educational,  benevolent  or  reformatory 


49 

institutions  by  the  City,  as  well  as  all  other  sums,  if  any,  which 
may  be  required  by  laws  or  ordinances  to  be  appropriated  for 
other  purposes,  not  embraced  in  the  preceding  lists.  This  list 
shall  be  known  as  the  "Estimates  for  Annual  Appropriations." 
The  purpose  and  object  of  this  provision  is,  that  said  three  lists 
shall  embrace  all  moneys  to  be  expended  for  the  next  ensuing 
fiscal  year  for  all  purposes,  by  the  City.  After  said  three  lists 
have  been  prepared,  the  Board  of  Estimates  shall  cause  to  be 
prepared  a  draft  of  an  ordinance,  to  be  submitted  to  the  City 
Council,  providing  appropriations  sufficient  to  meet  the 
amounts  called  for  by  said  three  lists;  and  the  said  Board  shall 
cause  a  copy  of  said  proposed  ordinance,  certified  by  the  signa- 
tures of  a  majority  of  them,  to  be  forthwith  published  in  two 
daily  newspapers  in  Baltimore  City,  for  two  successive  days, 
and  shall,  immediately  after  said  publication,  transmit  a  copy 
of  the  draft  of  the  said  proposed  ordinance  to  the  President  of 
each  Branch  of  the  City  Council,  whereupon  a  special  meeting 
of  the  City  Council  shall  be  forthwith  called  by  the  Mayor, 
to  consider  such  proposed  ordinance.  It  shall  be  the  duty  of 
the  two  Branches  of  the  City  Council,  when  so  assembled,  to 
consider  and  investigate  the  estimates  contained  in  said  pro- 
posed ordinance,  and  to  hold  daily  sessions  for  its  consid- 
eration until  said  ordinance  is  passed.  The  two  Branches 
of  the  City  Council,  by  a  majority  vote  of  all  the  mem- 
bers elected  to  each  Branch,  may  reduce  the  said  amounts 
fixed  by  the  said  Board  in  said  proposed  ordinance,  except 
such  items  thereof  as  are  now  or  may  hereafter  be  fixed  by  law, 
and  except  such  items  as  may  be  inserted  by  said  Board  to  pay 
State  taxes,  and  to  pay  the  interest  and  principal  of  the  muni- 
cipal debt.  The  City  Council  shall  not  have  the  power  to  in- 
crease the  amounts  fixed  by  the  Board,  nor  insert  any  new 
items  in  the  proposed  ordinance.  When  said  proposed  ordi- 
nance, embracing  said  estimates,  shall  have  been  duly  passed  by 
both  Branches  of  the  City  Council  and  approved  by  the  Mayor, 
it  shall  be  known  as  the  "Ordinance  of  Estimates  for  the  Year 
— ,"  and  said  several  sums  shall  be  and  become  appropri- 
ated, after  the  beginning  of  the  next  ensuing  fiscal  year,  for  the 
several  purposes  therein  named,  to  be  used  by  the  City  Council, 
departments,  sub-departments,  municipal  officers  not  embraced 
in  -  department,  and  special  commissions  or  boards  therein 


50 

named,  and  for  no  other  purpose  or  uses  whatever.  The 
City  Council  shall  not  have  the  power,  by  any  other  or 
subsequent  ordinance  or  resolution,  to  enlarge  any  item  con- 
tained in  said  ordinance  after  the  same  is  duly  passed.  Nor 
shall  the  City  Council,  by  any  subsequent  ordinance  or  other- 
wise, appropriate  any  sums  of  money  to  be  used  for  the 
next  ensuing  fiscal  year,  for  any  of  the  purposes  embraced  in 
said  ordinance  of  estimates.  No  appropriation  provided 
for  in  said  ordinance  shall  be  diverted  or  used  under  any  cir- 
cumstances, for  any  other  purpose  than  that  named  in  said  ordi- 
nance, nor  shall  the  Comptroller  draw  any  warrant  for  any  of 
the  items  in  said  ordinance  of  estimates,  unless  he  has  received 
said  amounts,  and  they  are  actually  to  the  credit  of  the  City 
Council  and  such  department,  sub-department,  officers,  com- 
missions or  boards.  No  temporary  loan  shall  be  authorized 
or  made  to  pay  any  deficiency  arising  from  a  failure  to  realize 
sufficient  income  from  revenue  and  taxation  to  meet  the 
amounts  provided  for  in  said  ordinance  of  estimates,  but  the 
City  may  temporarily  borrow  money  for  its  use  in  anticipation 
of  the  receipts  of  taxes  levied  for  any  year.  In  case  of  a,ny 
such  deficiency,  there  shall  be  a  pro  rata  abatement  of  all  ap- 
propriations, except  those  for  the  payment  of  State  taxes  and 
the  principal  and  interest  of  the  City  debt,  and  such  amounts 
as  are  fixed  by  law  and  contained  in  said  ordinance,  and  in  case 
of  any  surplus  arising  in  any  fiscal  year,  by  reason  of  an  excess 
of  income  received  from  the  estimated  revenue  over  the  ex- 
penditures for  such  year,  the  said  surplus  shall  be  passed  to  the 
Commissioners  of  Finance  to  be  credited  to  the  general  sink- 
ing fund.  Until  the  organization  of  the  said  Board  of  Esti- 
mates by  the  Mayor  first  elected  under  the  provisions  of  this 
Article,  as  provided  in  section  25  of  said  Article,  the  Mayor, 
Comptroller,  City  Register  and  City  Solicitor  shall  compose  a 
Board  to  perform  all  the  duties  required  of  the  Board  of  Esti- 
mates by  the  provisions  of  this  Article. 

317  •  Before  any  grant  shall  be  made  by  the  Mayor  and  City 
Council  of  Baltimore,  of  the  franchise  or  right  to  use  any 
street,  avenue,  alley,  or  highway,  or  the  grant  of  the  franchise 
or  right  for  the  use  of  any  public  property  mentioned  in  Sec- 
tion 7  of  this  Article,  the  proposed  specific  grant,  with  the 


51 

exceptions  hereafter  in  this  Section  made,  shall  be  embodied 
in  the  form  of  an  ordinance,  with  all  the  terms  and  conditions 
required  by  the  provisions  of  this  Article,  and  such  others  as 
may  be  right  and  proper,  including  a  provision  as  to  the  rates, 
fares,  and  charges,  if  the  grant  provides  for  the  charging  of 
rates,  fares  and  charges,  and  a  provision  that  the  franchise  or 
right  shall  be  executed  and  enjoyed  six  months  after  the  grant. 
The  said  ordinance  shall,  after  having  been  introduced  in 
either  Branch  of  the  City  Council,  and  after  the  first  reading, 
be  referred  forthwith  by  the  Branch  in  which  the  same  is 
offered  to  the  Board  of  Estimates.  The  said  Board  shall  make 
diligent  inquiry  as  to  the  money  value  of  said  franchise  or  right 
proposed  to  be  granted,  and  the  adequacy  of  the  proposed  com- 
pensation to  be  paid  therefor  to  the  City  as  offered  in  the  ordi- 
nance already  introduced,  and  the  propriety  of  the  terms  and 
conditions  of  said  ordinance,  and  said  Board  is  empowered  to 
increase  the  compensation  to  be  paid  therefor  to  the  City,  and 
alter  the  terms  and  conditions  of  said  ordinance,  provided  such 
alterations  are  not  inconsistent  with  the  requirement  and  pro- 
visions of  this  Article,  and  it  shall  be  the  duty  of  said  Board 
to  fix  in  said  ordinance  the  said  compensation  at  the  largest 
.amount  it  may  be  able  by  advertisement  or  otherwise  to  obtain 
for  said  franchise  or  right,  and  no  grant  thereof  by  the  City 
Council  shall  be  made  except  for  the  compensation  and  on  the 
terms  approved  by  a  vote  or  resolution  of  the  said  Board, 
•entered  on  the  minutes  or  records  of  such  Board,  and  attached 
to  said  ordinance,  with  the  signatures  of  a  majority  of  said 
Board  signed  to  the  same.  The  provisions  of  this  Section  shall 
apply  to  the  renewal  or  extension  of  any  franchise  or  right 
relating  to  the  use  of  any  of  the  public  property  mentioned  in 
Section  7  of  this  Article  now  existing,  or  which  may  hereafter 
IDC  granted  to  any  person  or  body  corporate.  Provided,  that 
the  right  to  use  the  streets,  avenues,  alleys,  or  other  public 
property,  by  any  person  or  body  corporate  for  bow  or  bay 
windows,  hitching  posts,  area-ways,  steps,  planting  of  trees, 
storm  doors,  drains  and  drain  pipes,  stands  or  other  such  tem- 
porary or  similar  uses,  may  be  granted  by  the  Board  of  Esti- 
mates for  such  an  amount  of  money  and  upon  such  terms  and 
conditions,  as  the  said  Board  may  consider  right  and  proper. 
Before,  said  Board  shall  grant  any  such  right,  the  person  or 


52 

body  corporate  seeking  the  same  shall  file  before  said  Board  in* 
writing  an  application  for  such  use,  and  in  said  application  the 
use  desired  shall  be  stated,  and  what  the  applicant  is  willing  to 
pay  for  the  same  must  be  given,  and  such  person  or  body  cor- 
porate shall  only  enjoy  such  use  on  the  payment  of  the  amount 
of  money  named  by  said  Board,  and  on  the  terms  and  condi- 
tions, said  Board  shall  prescribe  in  writing,  and  no  ordinance 
or  advertisement  shall  be  necessary  or  made  in  such  cases  as 
are  named  in  the  proviso  of  this  Section.  Provided,  however, 
that  copies  of  said  applications  be  served  upon  the  adjoining 
property  owners  by  said  applicant  before  filing  said  application 
before  said  Board. 

38.  There  shall  be  included  annually  in  the  ordinance  of 
estimates  the  sum  of  fifty  thousand  dollars  to  be  used  as  a  con- 
tingent fund  by  the  Board  of  Estimates,  in  case  of  an  emer- 
gency or  necessity  for  the  expenditure  of  money  above  the 
appropriations  regularly  passed  for  any  department,  sub-de- 
partment, municipal  officer  not  embraced  in  a  department,  or 
special  commission  or  board,  in  the  interval  between  the  annua) 
appropriations  as  herein  provided  for.    As  soon  as  practicable 
after  the  expenditure  of  any  part  of  said  contingent  fund,  the 
said  Board  shall   report  to  the  City  Council  all   the  circum- 
stances attending  said  expenditure,  and  the  necessity  for  the 
same,    and   the   reasons   assigned   by   the   department,    sub- 
department,    municipal    officer    not    embraced    in    a    depart- 
ment,   or   special   commission    or   board,    applying   for    and 
receiving  the  same.    The  City  Council  shall  not  have  the  power 
to  increase  or  decrease,  or  strike  out,  said  amount  from  the- 
said  ordinance  of  estimates; 

39.  The  Mayor  and  City  Council  of  Baltimore  shall  appro- 
priate no  money  out  of  the  Treasury  of  the  City  for  the  payment 
of  any  private  claim  against  the  City,  unless  such  claim  shall 
have  first  been  presented  to  the  Board  of  Estimates,  together 
with  the  proofs  upon  which  the  same  is  founded,  and  reported 
favorably  by  said  Board. 

40.  The  Board  of  Estimates  shall,  on  the  first  day  of  Oc- 
tober, or  as  soon  thereafter  as  practicable,  in  the  year  eighteen- 


53 

^hundred  and  ninety-eight  and  in  each  succeeding  year,  pro- 
cure from  the  proper  municipal  department  and  shall  send, 
with  the  said  ordinance  of  estimates,  to  both  Branches  of  the 
-City  Council,  a  report  showing  the  taxable  basis  for  the  next 
ensuing  fiscal  year,  and  the  amount  which  can  reasonably  be 
expected  to  be  realized  by  taxation  for  said  year.  The  report 
shall  contain  an  aggregate  statement  of  all  the  moneys  to  be 
expended  during  the  next  ensuing  fiscal  year  by  the  City,  as 
set  forth  in  said  ordinance  of  estimates,  as  well  as  of  any  other 
:sums,  if  such  there  be,  which  the  City  may  be  required  to  ex- 
pend during  the  said  year  for  any  purpose  or  purposes  not  in- 

•  eluded  in  the  ordinance  of  estimates,  and  it  shall  also  state  the 
:total  income  which  can  reasonably  be  expected  to  be  received 
by  the  City  for  the  next  ensuing  fiscal  year,  from  licenses,  fees, 
rents  and  all  other  charges,  including  the  amount  believed  to 
•be  collectible  from  taxes  in  arrears.     The  report  shall  show  the 
-difference  between  such  anticipated  expenditures  and  receipts 
of  the  City,  and  shall  state  a  rate  for  the  levy  of  taxes  sufficient 
to  realize  the  amount  required  to  meet  the  said  difference.     In 
the  ordinance  making  the  annual  levy  of  taxes,  which  ordi- 
nance shall  be  passed  by  the  Mayor  and  City  Council  of  Balti- 
more in  the  month  of  November  in  each  year,  and  as  soon  as 

-practicable  after  the  passage  of  the  ordinance  of  estimates,  the 
Mayor  and  City  Council  of  Baltimore  shall  fix  a  rate  of  taxa- 
tion not  less  than  the  rate  stated  in  the  aforesaid  report;  so  that 
it  shall  not  be  necessary  at  any  time  for  the  City,  its  officers  or 

•  agents,  to  create  a  floating  debt  to  meet  any  deficiency,  and  it 
shall  not  be  lawful  for  the  City,  its  officers  or  agents,  to  create 

•  a  floating  debt  for  any  such  purpose.     The  taxes  levied  under 
said  ordinance  in  the  month  of  November  in  each  year  shall 

'be  the  taxes  to  be  collected  for  the  fiscal  year  next  ensuing  after 
the  said  month  of  November,  and  may  be  paid  to  the  City  Col- 
lector on  or  after  the  first  day  of  January  next  ensuing  said 
levy.  The  taxes  included  in  said  levy  on  real  estate  or  chattels 
real  shall  be  in  arrears  on  the  first  day  of  July  next  ensuing  the 
date  of  their  levy,  and  the  taxes  included  in  said  levy  on  all 
forms  of  personal  property  shall  be  in  arrears  on  the  first  day  of 
May  next  ensuing  the  date  of  their  levy,  and  the  taxes  on  both 
forms  of  said  property  after  they  become  in  arrears  as  aforesaid 
shall  bear  interest  at  the  rate  of  six  per  centum  per  annum. 


54 

41-  The  Commissioners  of  Finance  shall  be  the  head  of  the 
fourth  sub-department  of  Finance,  and  shall  be  a  Board  com- 
posed of  the  Mayor,  Comptroller,  Register  and  two  persons 
appointed  by  the  Mayor  in  the  mode  prescribed  in  section  25 
of  this  Article,  and  who  shall  hold  their  offices  as  therein  pro- 
vided. Both  of  said  two  last-named  persons  shall  serve  with- 
out pay.  The  Mayor  and  Register  shall  sign  all  obligations  of 
the  City  and  all  City  stock.  One  of  the  persons  appointed  by  the 
Mayor  as  aforesaid,  and  so  designated,  shall  be  President  of  said 
Board.  The  Deputy  Register  shall  act  as  clerk  to  said  Board 
and  keep  the  accounts  and  a  record  of  proceedings  of  said 
Board,  and  for  which  service,  in  addition  to  the  salary  of  said 
Deputy  Register  herein  provided,  he  shall  be  paid  a  salary  of 
five  hundred  dollars  per  annum,  payable  monthly.  This  Board 
shall  select  the  depository  banks  for  City  funds.  It  shall  au- 
thorize all  temporary  loans  to  be  made  not  inconsistent  with 
this  Article.  It  shall  have  charge,  control  and  custody  of  all 
sinking  funds  of  the  Mayor  and  City  Council  of  Baltimore,, 
and  shall  perform  such  other  duties  as  shall  be  prescribed  by 
ordinances  not  inconsistent  with  this  Article. 

42.  The  City  Collector  shall  be  the  head  of  the  fifth  sub-de- 
partment of  Finance,and  shall  be  appointed  by  the  Mayor  in  the 
mode  prescribed  in  section  25  of  this  Article,  and  hold  his  office 
as  therein  provided.  He  shall  be  paid  for  his  services  in  col- 
lecting City  taxes  the  salary  of  two  thousand  dollars  per  annum,, 
payable  monthly.  He  shall  be  the  collector  of  all  taxes  and  as- 
sessments on  real  property  levied  or  made  by  the  City.  He 
shall  in  October  in  the  year  eighteen  hundred  and  ninety-eight 
and  in  each  year  thereafter,  immediately  upon  the  receipt  of 
the  statement  from  the  Appeal  Tax  Court  showing  the  tax- 
able basis  for  the  next  ensuing  fiscal  year,  as  provided  for  in 
section  171  of  this  Article,  begin  the  preparation  of  the  tax  bills 
on  said  basis,  and  after  the  levy  of  taxes  has  been  made  he  shall 
complete  said  bills  and  have  them  ready  for  payment  by  the 
taxpayers  on  the  first  day  of  January  next  ensuing  said  levy,  or 
as  soon  thereafter  as  practicable.  He  shall  have  such  assist- 
ants, clerks  and  bailiffs  as  may  be  fixed  by  ordinances,  and  who- 
shall  perform  such  duties  as  shall  be  prescribed  by  ordinances 
not  inconsistent  with  this  Article. 


55 

43.  Whenever  it  shall  become  necessary  to  sell  any  part  or 
parcel  of  ground  in  the  City  of  Baltimore,  improved  or  unim- 
proved, for  the  payment  of  any  taxes  or  assessment,  of  any 
nature  or  kind  whatever,  levied  or  charged,  the  City  Collector 
shall  first  give  notice  by  advertisement  published,  once  a  week 
for  four  successive  weeks  in  two  of  the  daily  newspapers  pub- 
lished in  said  City,  one  of  which  shall  be  in  the  German  lan- 
guage, that  he  will  sell  said  property  at  public  auction  on  the 
day  in  the  said  advertisement  mentioned;  said  notice  shall 
state  the  name  of  the  person,  when  kndwn,  to  whom  such  parcel 
of  ground  is  assessed,  the  amount  of  taxes  due  on  the  same,  and 
what  improvements,  if  any,  are  on  said  parcel  of  ground,  and 
to  properly  describe  said  property  the  City  Surveyor  shall 
actually  survey  and  furnish  to  the  City  Collector  a  description 
and  plat  of  each  lot  so  in  arrear  and  the  sum  to  be  paid  for  each 
survey,  including  the  description  and  plat,  shall  be  three  dollars 
and  fifty  cents,  said  sum  to  be  added  to  the  tax  bill  and  col- 
lected in  the  same  manner  as  the  bill  itself.  The  Collector 
shall,  before  advertising  said  property  for  sale,  give  to  the 
person  or  persons  so  in  arrears,  or  to  one  of  them  if  more  than 
one,  or  leave  at  his  or  her  or  their  residence  or  last  known 
residence  of  one  of  them,  and  if  no  such  residence  be  known 
there  shall  be  left  upon  the  premises  so  to  be  sold  for  taxes,  a 
statement  of  his  or  her  or  their  indebtedness,  and  not  less  than 
thirty  days'  notice  of  his  (said  Collector's)  intention  if  the  bill 
is  not  paid  to  enforce  the  payment  thereof  by  distraint  or  exe- 
cution. 

44«  The  City  Collector  shall  require  the  purchaser  of  such 
property  on  the  day  of  sale,  or  the  day  next  succeeding,  to  pay 
on  account  of  said  purchase  the  amount  assessed  or  taxed  on 
the  lot  so  sold,  together  with  all  costs  and  charges,  and  no  more, 
and  the  residue  of  the  purchase  money  shall  remain  on  a  credit 
of  one  year  and  a  day. 

45«  If  the  property  so  sold  shall  not  be  redeemed  at  the  ex- 
piration of  a  year  and  a  day  from  the  day  of  sale,  the  City  Col- 
lector shall,  when  required,  and  on  payment  of  the  full  amount 
of  the  purchase  money,  execute  a  deed  for  the  same  to  the  pur- 
chaser, and  the  balance  of  the  purchase  money  so  received  by 
him  shall  be  paid  to  the  City  Register. 


56 

46-  If  it  shall  appear  that  the  owner  of  the  said  lot  or  parcel 
of  ground  prior  to  the  execution  of  the  deed  for  the  same  by  the 
City  Collector,  cannot,  after  reasonable  effort,  be  found,  or  if 
said  owner  shall  refuse  to  receive  said  balance  of  money,  then  in 
either  case  the  City  Register  shall  invest  the  same  for  the  ben- 
efit of  such  owner  in  any  public  debt  of  the  State  of  Maryland 
or  Mayor  and  City  Council  of  Baltimore,  and  shall  safely  keep 
the  same,  and  from  time  to  time  collect  the  interest  due  there- 
on, and  invest  for  the  benefit  of  such  owner  the  interest  from 
time  to  time  in  the  said  stock. 

4>7'  When  any  lot  or  parcel  of  ground  in  the  said  City  shall 
be  sold  by  reason  of  the  non-payment  of  the  tax  or  assessment 
due  thereon,  the  owner  or  other  persons  having  an  estate  or  in- 
terest therein  shall  have  power  to  redeem  the  same  at  any  time 
within  one  year  and  a  day  from  the  day  of  sale,  on  paying  or 
tendering  in  payment  to  the  City  Collector  the  whole  amount 
of  money  received  by  such  City  Collector  from  the  sale  of  the 
lot  or  parcel  of  ground  to  be  redeemed,  and  a  further  sum 
of  one-half  per  cent,  per  month  interest  from  the  time  of  sale 
to  the  time  of  such  tender;  and  the  sums  so  paid  shall  be  by 
the  City  Collector  delivered  or  tendered  to  the  purchaser, 
whose  right  in  the  property  so  purchased  shall  thenceforth 
cease  and  determine. 

48-  In  all  cases  where  lands  held  in  fee  simple  or  by  lease 
have  been  sold,  or  shall  be  sold  for  payment  of  taxes  in  arrears, 
according  to  the  provisions  of  existing  laws,  it  shall  be  the  duty 
of  the  City  Collector  to  report  the  said  sale,  together  with 
all  the  proceedings  had  in  relation  thereto  to  the  Circuit  Court 
of  said  City.  The  court  to  which  such  report  shall  be  made 
shall  examine  the  said  proceedings,  and  if  the  same  appear  to 
be  regular,  and  the  provisions  of  law  in  relation  thereto  have 
been  complied  with,  shall  order  notice  to  be  given  by  advertise- 
ment published  in  such  newspapers  as  the  court  shall  direct, 
warning  all  persons  interested  in  the  property  sold  to  be  and 
appear  by  a  certain  day  in  the  said  notice  to  be  named,  to  show 
cause,  if  any  they  have,  why  said  sale  should  not  be  ratified  and 
confirmed;  and  if  no  cause  or  an  insufficient  cause  be  shown 
against  the  said  ratification,  the  said  sale  shall,  by  order  of  said 


57 

court,  be  ratified  and  confirmed,  and  the  purchaser  shall,  on 
payment  of  the  purchase  money,  have  a  good  title  to  the  prop- 
erty sold;  but  if  good  cause,  in  the  judgment  of  the  said  court, 
be  shown  in  the  premises,  the  said  sale  shall  be  set  aside;  in 
which  case  the  said  City  Collector  shall  proceed  to  a  new  sale^ 
of  the  property  and  bring  the  proceeds  into  court,  out  of  which 
the  purchaser  shall  be  repaid  the  purchase  money  paid  by  him 
to  the  City  Collector  on  said  rejected  sale,  and  all  taxes  assessed 
on  said  real  estate  and  paid  by  said  purchaser  since  said  sale, 
and  all  costs  and  expenses  properly  incurred  in  the  said  court, 
with  interest  on  all  such  sums  from  the  time  of  payment;  and  if 
the  purchaser  has  not  paid  the  purchase  money  or  the  subse- 
quent taxes,  to  apply  said  proceeds  to  the  payment  of  the  taxes 
for  which  said  real  property  may  have  been  sold,  and  all  subse- 
quent taxes  thereon  then  in  arrears,  with  interest  on  the  same, 
according  to  law,  and  the  costs  of  the  proceedings;  but  such 
sale  shall  not  be  set  aside  if  the  provisions  of  the  law  shall  ap- 
pear to  have  been  substantially  complied  with ;  and  the  burden 
of  proof  shall  be  on  the  exceptant  to  show  the  same  to  be  in- 
valid under  the  law. 

49.  Whenever  the  City  Collector  shall  have  distrained  or 
levied  upon  any  goods  or  chattels  in  said  City  for  non-payment 
of  any  taxes,  State  or  municipal,  due  by  the  owner  thereof,  be- 
fore making  sale  of  the  property  so  distrained  or  levied  upon, 
said  City  Collector  shall  give  notice  by  advertisement  published 
twice  a  week  for  one  week  prior  to  the  day  of  sale,  and  also  on 
the  day  of  sale,  in  three  of  the  daily  newspapers  published  in 
said  City,  one  of  which  shall  be  in  the  German  language,  that 
he  will  sell  for  cash,  at  public  auction,  to  the  highest  bidder,  on 
the  day  and  at  the  time  and  place  mentioned  in  said  advertise- 
ment, the  property  therein  specified,  unless  on  or  before  the  day 
of  sale  the  entire  amount  of  taxes  for  which  such  distraint  or 
le.vy  shall  have  been  made,  with  the  interest  thereon,  and  costs 
of  making  said  levy  and  advertisement,  shall  be  paid. 

5°-  Every  City  Collector  who  shall  sell  any  goods  or  chat- 
tels levied  or  distrained  upon  for  taxes,  State  or  municipal,  in 
Baltimore  City,  after  due  advertisement,  as  required  in  the  pre- 
ceding section,  shall  retain  out  of  the  proceeds  of  sale  the  amount 


58 

of  taxes  due  from  the  delinquent,  for  which  such  levy  or  dis- 
traint shall  have  been  made,  with  the  interest  thereon,  and  all 
costs  incurred  in  making  said  sale,  and  shall  pay  over  the  sur- 
plus, if  any,  to  the  owner  of  the  property  so  levied  upon  and  sold. 

51'  The  City  Collector  shall  not  be  required  to  distrain  for 
any  taxes  assessed  or  levied  upon  real  estate  or  personal  prop- 
erty, but  he  shall  at  least  two  weeks  before  the  taxes  become 
payable  give  notice  by  advertisement  in  three  daily  papers 
published  in  Baltimore  City  of  the  day  on  which  all  taxes  for 
the  ensuing  fiscal  year  become  due ;  and  shall  on  the  applica- 
tion in  person  or  by  agent  or  by  mail  of  any  person  to  whom 
property  is  assessed  deliver  or  send  by  mail  a  bill  showing  the 
amount  of  taxes  due  by  such  person  two  weeks  before  the  day 
on  which  such  taxes  shall  by  law  be  in  arrear.  He  shall  give 
notice  by  advertisement  in  the  same  way  that  all  taxes  not  paid 
on  or  before  that  date  will  be  in  arrears,  and  that  the  property 
on  which  said  taxes  are  levied  will  then  be  subject  to  be  sold 
for  taxes.  And  said  notices  shall  further  state  that  unless  the 
taxes  so  in  arrear  are  paid  within  thirty  days  thereafter  three 
per  cent,  of  the  gross  amount  thereon  shall  be  added  to  each 
bill  for  taxes  in  arrear,  and  at  the  expiration  of  thirty  days 
from  such  notice,  if  the  same  be  not  then  paid,  three  per 
centum  of  the  gross  amount  of  each  bill  for  said  taxes  in  arrear 
shall  be  added  thereto  as  a  penalty  and  collected  in  the  same 
manner  as  the  bill  itself,  said  penalty  to  be  paid  to  the  City 
Collector  and  by  him  to  the  City  Register  to  the  credit  of  the 
Mayor  and  City  Council;  to  provide  for  the  expense  of  col- 
lecting the  taxes  for  the  fiscal  year  1900,  the  Mayor  and  City 
Council  may  by  ordinance  appropriate  the  moneys  so  to  be 
paid  to  the  Register  in  payment  of  the  expenses  for  collecting 
the  taxes  for  that  year. 

52»  The  Mayor  shall  appoint  in  the  mode  prescribed  in 
section  25  of  this  Article,  and  he  shall  hold  his  office  as  therein 
provided,  one  Collector  for  Baltimore  City,  for  the  collec- 
tion of  all  State  taxes  levied  or  to  be  levied  for  any  year; 
and  it  shall  not  be  lawful  for  the  municipal  authorities  of 
said  City  to  provide  any  fixed  annual  or  other  stated  compen- 
sation for  the  collection  of  the  State  taxes,  or  a  salary  of  any 


59 

kind,  to  the  said  Collector  for  his  services  in  collecting  the 
State  taxes,  otherwise  than  by  a  per  centum  on  the  amount  of 
his  collections,  as  prescribed  in  this  Article. 


53.  The  Collector  of  State  Taxes  in  the  City  of  Balti- 
more, before  he  acts  as  such,  shall  give  a  bond  to  the  State  of 
Maryland  in  the  penalty  of  seventy-five  thousand  dollars,  to  be 
approved  by  the  Governor,  with  the  condition  that  if  the  above 

bound shall  well  and  faithfully  execute  his  office,  and  shall 

account  to  the  State  Comptroller  for,  and  pay  to  the  Treasurer 
of  the  State,  the  several  sums  of  money  which  he  shall  receive 
for  the  State,  or  be  answerable  for  by  law,  at  such  times  as  the 
law  shall  direct,  then  such  obligation  to  be  void,  otherwise  to 
remain  in  full  force  and  virtue  in  law.  The  said  Collector's 
bond,  when  approved  by  the  proper  authorities  in  the  City  of 
Baltimore,  shall  be  recorded  in  the  office  of  the  Clerk  of  the 
Superior  Court  of  Baltimore  City,  and  when  approved  by  the 
Governor  shall  be  filed  in  the  office  of  the  State  Comptroller. 


54-  The  Collector  of  State  Taxes  in  the  City  of  Baltimore 
shall  make  daily  deposits  of  such  suras  of  money  as  he  shall  re- 
ceive for  State  taxes  collected  by  him,  less  the  amount  of  com- 
mission allowed  him  for  the  collection  of  the  same,  to  the  credit 
of  the  Treasurer  of  the  State  of  Maryland,  in  some  bank  in  said 
City  which  pays  to  the  State  the  bonus  or  school  tax,  as  provided 
by  law,  to  be  designated  by  the  said  Treasurer,  and  shall  send 
to  the  Treasurer  a  statement  of  the  amount  so  deposited  within 
the  first  ten  days  of  each  month,  with  a  certificate  of  the  bank 
that  the  same  is  so  deposited;  and  on  failure  to  make  such  daily 
deposits  and  to  send  such  certificate,  he  shall,  on  proof  thereof 
to  the  satisfaction  of  the  Governor,  be  liable  to  removal  from 
office  by  the  Governor,  and  the  State  Comptroller  shall  imme- 
diately enter  suit  upon  his  bond. 


55«  The  Treasurer  of  the  State  may  make  weekly  examina- 
tion of  the  books  of  the  Collector  of  State  Taxes  in  Baltimore 
City,  whose  books  shall  always  be  open  to  such  inspection. 


60 

56«  If  there  be  no  Collector  of  State  Taxes  qualified  and 
compensated  in  conformity  with  the  provisions  of  this  Article 
in  said  City  by  the  fifteenth  day  of  October  in  any  year,  the 
•Governor  shall  appoint  from  any  part  of  the  State  a  Collector 
for  the  said  City,  who  shall  give  bond,  with  sureties  to  be  ap- 
proved by  the  Governor,  and  be  in  all  respects  on  a  footing 
with  other  State  Collectors'  bonds  as  provided  in  the  Public 
General  Laws,  Article  81,  title  "Revenue  and  Taxes,"  and  the 
said  Collector  shall  have  all  the  power  of  other  Collectors. 


57«  The  Mayor  and  City  Council  of  Baltimore  shall  levy 
upon  the  assessable  property  in  the  City  of  Baltimore  such  com- 
mission as  will  in  its  judgment  insure  a  speedy  collection  of  said 
State  taxes,  not  exceeding  two  per  centum  on  the  amount  to  be 
placed  in  the  hands  of  said  Collector  of  State  Taxes  for  Balti- 
more City;  said  commission  to  be  levied  for  the  use  of  said 
•Collector,  and  to  be  collected  as  other  charges  are  collected. 


58-  The  City  Collector  shall  be  the  Collector  of  State 
Taxes,  and  perform  the  duties  as  herein  provided,  unless  other- 
wise provided  by  ordinance  of  the  Mayor  and  City  Council  of 
Baltimore. 


59-  The  Collector  of  Water  Rents  and  Licenses  shall  be 
the  head  of  the  sixth  sub-Department  of  Finance,  and  shall  be 
appointed  by  the  Mayor  in  the  mode  prescribed  in  Section  25 
of  this  Article,  and  hold  his  office  as  therein  provided.  He 
shall  be  paid  the  salary  of  two  thousand  five  hundred  dollars 
per  annum,  payable  monthly.  He  shall  collect  all  water  rents 
and  license  fees,  and  all  other  dues,  or  revenues  to  which  the 
Mayor  and  City  Council  of  Baltimore  is  or  may  be  entitled 
except  otherwise  provided  in  this  Article,  and  he  shall  have 
such  assistants  and  clerks  and  shall  perform  such  other  duties 
as  shall  be  prescribed  by  ordinance  not  inconsistent  with  this 
Article.  All  licenses  imposed  by  ordinance  shall  be  due  and 
collectible  in  the  first  week  of  January  in  each  year,  and  it  shall 
be  the  duty  of  said  Collector  of  Water  Rents  and  Licenses  to 
see  that  said  licenses  are  paid  at  that  time.  Provided,  that  the 


61 

Mayor  and  City  Council  of  Baltimore  may,  if  the  public  service- 
permits,  assign  the  duties  to  be  performed  by  this  Section  to 
be  performed  by  the  Collector  of  Water  Rents  and  Licenses, 
to  some  other  municipal  official,  and  when  so  done  by  ordi- 
nance this  office  may  be  abolished. 


Department  of  Law. 

6°-  There  shall  be  a  Department  of  Law  of  the  Mayor  and 
City  Council  of  Baltimore  ;  the  head  of  said  department  shall 
be  the  City  Solicitor. 


x*1-  The  City  Solicitor  shall  be  appointed  by  the  Mayor  in 
the  mode  prescribed  in  section  25  of  this  Article,  and  hold  his 
office  as  therein  provided.  He  shall  be  a  member  of  the  Balti- 
more Bar,  who  has  practiced  his  profession  for  not  less  than  ten 
years  in  Baltimore  City,  and  he  shall  receive  a  salary  of  four 
thousand  dollars  per  annum,  payable  monthly. 


62-  The  City  Solicitor  shall  be  the  legal  adviser  of  the 
Mayor  and  City  Council  of  Baltimore  and  its  several  depart- 
ments, and  special  commissions  or  boards,  and  shall  have  gen- 
eral supervision  and  direction  of  all  legal  business  of  the  City. 
He  shall  have  charge  of  the  preparation  and  trial  of  all  suits, 
actions  and  proceedings  of  every  kind  to  which  the  City  shall 
be  a  party  in  any  Court,  local,  State  or  Federal,  and  he  shall 
personally  participate  in  the  trial  of  all  such  suits  in  any  of  the 
Federal  Courts,  and  in  the  Court  of  Appeals  of  Maryland,  and 
of  all  such  suits  in  other  Courts  which  the  Mayor  may  request 
him  in  writing  to  try,  and  shall  discharge  such  other  duties  as 
may  from  time  to  time  be  prescribed  by  ordinances,  not  incon- 
sistent with  this  Article.  He  shall  appoint  in  writing  three  as- 
sistants, to  be  known  as  the  First,  Second  and  Third  Assistant 
City  Solicitors,  all  of  whom  shall  be  members  of  the  Baltimore 
Bar,  and  shall  hold  their  respective  positions  during  the  pleas- 
ure of  the  City  Solicitor,  at  salaries,  payable  monthly,  of  three 
thousand  dollars  per  annum  for  the  First  Assistant,  and  twenty- 
five  hundred  dollars  per  annum  for  the  Second  Assistant,  and 


62 

eighteen  hundred  dollars  per  annum  for  the  Third  Assistant. 
The  City  Solicitor  is  authorized  to  assign  to  his  assistants  such 
duties  in  addition  to  those  hereby  assigned  to  them  as  he 
shall  deem  most  conducive .  to  the  efficient  discharge  of  the 
business  of  the  Law  Department.  The  First  Assistant 
shall  aid  the  City  Solicitor  in  the  discharge  of  his  court 
duties,  and  shall  try  all  cases  in  which  the  City  is  interested 
in  any  court  in  the  State  of  Maryland,  and  he  shall  act  as 
junior  counsel  to  the  City  Solicitor  in  any  court  in  which  his 
services  may  be  required.  He  shall  act  as  prosecuting  attorney 
on  behalf  of  the  City  to  assist  the  State's  Attorney  in  the  prose- 
cution of  all  violations  of  City  ordinances,  subject  to  the  direc- 
tion and  control  of  the  City  Solicitor,  and  shall  periorm  such 
other  duties  as  may  be  assigned  to  him  by  the  City  Solicitor. 
The  Second  Assistant  to  the  City  Solicitor  shall  have  charge, 
subject  to  the  control  and  direction  of  the  City  Solicitor,  of  the 
examination  of  all  titles  on  behalf  of  the  City,  and  shall  dis- 
charge such  other  duties  as  may  be  assigned  to  him  by  the  City 
Solicitor.  The  Third  Assistant  to  the  City  Solicitor  shall,  sub- 
ject to  the  control  and  direction  of  the  City  Solicitor,  try  all 
cases  in  which  the  City  is  interested  before  any  Justice  of  the 
Peace,  and  in  all  cases  in  the  City  Court  of  appeals  from  Jus- 
tices of  the  Peace.  He  shall  file,  subject  to  the  direction  and 
control  of  the  City  Solicitor,  all  reports  of  sales  for  taxes  by  the 
City  Collector,  and  shall  discharge  such  other  duties  as  may 
be  assigned  to  him  by  the  City  Solicitor.  He  shall  have  his 
office  in  the  permanent  offices  of  the  Law  Department,  and  shall 
remain  there  from  n  A.M..  to  2  P.  M.  daily,  Sunday  and  legal 
holidays  excepted,  when  not  elsewhere  engaged  on  the  busi- 
ness of  the  City,  or  unless  temporarily  absent  by  leave  of  the 
City  Solicitor. 


63.  The  City  Solicitor  shall  give  advice  and  opinions  in 
writing  upon  any  legal  questions  affecting  the  interest  of  the 
City  which  may  be  submitted  to  him  in  writing  by  the  Mayor 
or  either  Branch  of  the  City  Council,  or  any  committee  thereof, 
or  the  head  of  any  department,  or  a  special  commission  or 
board.  All  dee^s,  bonds,  contracts  and  other  legal  instru- 
ments involving  the  interest  of  the  City  or  to  be  executed  by  or 


63 

passed  to  the  Mayor  or  other  officer  of  the  City  shall,  before  they 
are  executed  or  accepted,  be  submitted  to  the  City  Solicitor 
and  have  endorsed  upon  them  his  opinion  as  to  their  sufficiency 
and  their  compliance  in  terms  and  conditions  with  the  laws 
or  ordinances  under  which  they  are  executed.  It  shall  be  the 
duty  of  all  officers  and  departments  of  the  City  to  submit  all 
such  bonds,  contracts  or  other  written  instruments  to  the  City 
Solicitor  for  his  approval  before  executing  or  accepting  the 
same. 


64-  The  Law  Department  shall  have  its  offices  and  head- 
quarters in  such  rooms  in  the  City  Hall,  or  elsewhere,  as  the 
Mayor  may  designate,-  to  be  provided  and  furnished  at  the  ex- 
pense of  the  City,  which  shall  be  open  on  all  business  days 
between  the  hours  of  9  A.  M.  and  3  P.  M.  All  papers  and 
documents  relating  to  the  legal  business  of  the  City  shall  be 
permanently  filed  in  said  office. 


65«  The  City  Solicitor  is  authorized  to  employ,  at  a  total 
cost  not  exceeding  twenty-five  hundred  dollars  per  annum,  a 
clerk,  stenographer  and  typewriter,  and  such  other  assistants 
as  he  may  require,  who  shall  at  all  times  be  subject  to  his  orders. 
The  said  clerk  shall,  subject  to  the  direction  of  the  City  Solic- 
itor, have  charge  and  custody  of  the  office  and  papers  of  the 
Law  Department,  which  shall  be  arranged  and  indexed  by  him 
in  such  convenient  and  orderly  manner  as  to  be  at  all  times 
readily  accessible.  He  shall  also  keep  in  said  office  a  complete 
docket  and  duplicate  pleadings  of  all  suits,  actions  or  proceed- 
ings in  which  the  City  or  any  department  or  official  thereof 
is  interested,  pending  in  any  court  or  tribunal,  upon  which 
docket  such  appropriate  entries  shall  be  made  as  to  show  at  all 
times  the  condition  of  each  one  of  such  cases.  He  shall  also 
keep  and  record  in  a  book  to  be  provided  for  that  purpose,  the 
original  or  duplicate  copies  of  all  written  opinions  furnished 
by  the  Law  Department  to  the  City,  or  to  any  department  or 
official  thereof,  and  also  of  all  abstracts  of  titles  furnished  to 
the  City  by  the  Law  Department.  He  shall  also  procure,  as 
far  as  possible,  all  legal  opinions  and  abstracts  of  title  which 


64 

have  heretofore  been  furnished  to  the  City,  or  any  department 
or  official  thereof,  and  shall  file  and  arrange  such  opinions  and 
abstracts  in  such  manner  and  order  as  to  be  at  all  times  readily 
accessible,  and  shall  make  and  preserve  an  index  thereof.  He 
shall  also  procure  all  law  books  heretofore  purchased  by  the 
City  and  in  the  possession  of  any  law  officer  or  ex-law  officer  of 
the  City,  and  arrange  them  in  a  proper  bookcase. 

66.  The  City  Solicitor  shall  have  authority,  with  the  writ- 
ten approval  of  the  Mayor,  to  institute  on  behalf  of  the  Mayor 
and  City  Council  of  Baltimore,  any  suit,  action  or  proceeding  in 
any  court,  or  tribunal,  local,  State  or  Federal.    All  appeals  on 
behalf  of  the  City  to  the  Court  of  Appeals,  the  Supreme  Court  of 
the  United  States,  the  United  States  Circuit  Court  of  Appeals 
or  to  any  other  Court  shall  be  taken  upon  the  written  order  of 
the  City  Solicitor,  approved  by  the  Mayor. 

67.  The  City  Solicitor  and  his  Assistants  shall  be  allowed 
reasonable  traveling  expenses  outside  of  the  City,  to  be  audited 
by  the  Comptroller,  when  on  business  connected  with  the  Law 
Department. 

Department  of  Public  Safety. 

68.  There  shall  be  a  Department  of  Public  Safety  of  the 
Mayor  and  City  Council  of  Baltimore,  which  shall  consist  of  the 
Board  of  Fire  Commissioners,  Commissioner  of  Health,  In- 
spector of  Buildings  and  Commissioners  of  Street  Cleaning, 
and  ex  officio  the  President  of  the  Board  of  Police  Commission- 
ers.    The  head  of  said  department  shall  consist  of  a  Board  of 
Public  Safety,  composed  of  the  President  of  the  Board  of  Fire 
Commissioners,  who  shall  be  President  of  said  Board,  Com- 
missioner of  Health,  Inspector  of  Buildings,  Commissioner  of 
Street  Cleaning,  and  the  President  of  the  Board  of  Police  Com- 
missioners.   This  Board  shall  be  for  consultation  and  advice, 
and  it  shall  have  no  power  to  direct  or  control  the  duties  or  the 
work  of  any  sub-department.       It  shall  perform  such  other 
duties  as  may  be  required  of  it  by  ordinances  not  inconsistent 
with  this  Article. 


65 

69*  The  Board  of  Fire  Commissioners  shall  be  the  head  of 
the  first  sub-department  of  Public  Safety,  and  shall  consist  of  a 
Board  of  three  persons  appointed  by  the  Mayor  in  the  manner 
prescribed  in  section  25  of  this  Article,  and  hold  their  offices 
as  therein  provided,  and  they  shall  have  control,  regulation  and 
supervision  of  the  Fire  Department  and  matters  relating  to  the 
same,  and  shall  perform  such  other  duties  as  may  be  required 
by  ordinances  not  inconsistent  with  this  Article.  One  of  said 
three  persons  shall  be  designated  by  the  Mayor  as  the  President 
of  said  Board.  Each  member  of  said  Board  shall  be  paid  a 
salary  of  one  thousand  dollars  per  annum,  payable  monthly. 
They  shall  have  power  to  appoint  all  subordinates  in  their  sub- 
department,  and  fix  their  compensation,  not,  however,  to  ex- 
ceed in  number  of  employees  or  aggregate  amount  of  compen- 
sation the  limits  fixed  by  ordinance. 

70.  The  Board  of  Fire  Commissioners  of  the  City  of  Balti- 
more may  retire  from  office  in  the  Fire  Department  any  perma- 
nent or  call  member  thereof  who  has  become  permanently  dis- 
.abled  while  in  the  actual  performance  of  duty,  or  who  has  per- 
formed faithful  service  in  the  department  for  a  period  of  not  less 
than  twenty  consecutive  years,  or  who  may  become  unable  to 
perform  further  service  by  reason  of  age  or  other  physical  or 
mental  disabilities,  and  place  the  member  so  retired  upon  a 
pension  roll.     And  said  Board  may  also  provide  for  the  relief 
of  the  widows  and  children  of  firemen  who  may  be  killed  in  the 
discharge  of  duty.     The  amount  of  such  annual  pension  to  be 
allowed  by  said  Board  of  Fire  Commissioners  to  each  pensioner 

shall  be  equal  to  one-half  the  yearly  amount  then  being  re- 
ceived by  him,  for  service  in  said  department  at  the  time  of 
.such  retirement,  per  annum,  payable  in  monthly  installments. 

71.  The  Commissioner  of  Health  shall  be  the  head  of  the 
second  sub-department  of  Public  Safety.    He  shall  be  appointed 
by  the  Mayor,  in  the  mode  prescribed  in  section  25  of  this  Arti- 
cle, and  hold  his  office  as  therein  provided.     It  shall  be  his  duty 
to  cause  all  ordinances  now  in  existence  or  which  may  here- 
after be   enacted  for  the  preservation   of  the  health   of  the 
City  of  Baltimore,  not  inconsistent  with  this  Article,  to  be  faith- 
fully executed  and  strictly  observed;  and  all  power  and  au- 


66 

thority  now  lodged  in  the  Board  of  Health  in  said  City  shall  be 
and  the  same  is  hereby  transferred  to  the  Commissioner  of: 
Health.  His  salary  shall  be  three  thousand  five  hundred  dol- 
lars per  annum,  payable  monthly,  and  he  shall  be  a  physician  of 
five  years'  experience  and  active  practice  at  the  time  of  his  ap- 
pointment. He  shall  perform  such  duties  in  this  department 
as  are  now  required  or  may  hereafter  be  prescribed  by  ordi- 
nances not  inconsistent  with  this  Article.  The  Commissioner 
of  Health  may  appoint  two  Assistant  Commissioners  of  Health,, 
a  Medical  Examiner  and  an  Assistant  Medical  Examiner,  and 
a  reasonable  number  of  clerks  and  subordinates,  and  fix  their 
compensation,  but  no  greater  number  of  persons  shall  be  ap- 
pointed by  or  employed  under  said  Commissioner  of  Health 
than  the  public  interests  demand  and  the  appropriation  by  the 
Mayor  and  City  Council  of  Baltimore  shall  justify. 

72'  There  may  be  appointed  by  the  Commissioner  of 
Health,  a  reasonable  number  of  Sanitary  Inspectors  for  said. 
City,  not  exceeding  fifteen,  of  whom  two  may  be  physicians, 
and  one,  at  least,  shall  be  a  person  skilled  in  the  matters  of 
drainage  and  ventilation;  and  the  Commissioner  of  Health 
from  time  to  time  may  prescribe  the  duties  of  each,  consistent, 
with  the  ordinances  now  existing  or  hereafter  enacted,  and  not 
inconsistent  with  this  Article. 

I73-  The  Commissioner  of  Health  shall  appoint  all  in- 
spectors and  analysts  of  bakeries,  bake  shops,  candy  factories,, 
confectioners  or  other  places  for  the  manufacture  of  bread,, 
cakes,  confectionery  and  similar  food  products,  for  the  purpose 
more  especially  of  ascertaining  their  sanitary  condition  and 
cleanliness,  and  for  the  purpose  of  ascertaining  the  purity, 
healthfulness  and  wholesomeness  of  the  flour,  sugar,  butter,  lard 
or  other  ingredients  used  in  making  such  bread,  cakes,  con- 
fectionery and  other  articles  of  food  offered  for  sale  in  the  City 
of  Baltimore,  or  intended  for  consumption  therein,  as  by  ordi- 
nance may  be  prescribed. 

74.  The  Commissioner  of  Health  shall  appoint  all  in- 
spectors and  analysts  for  the  proper  inspection  of  milk  or  any 
and  all  other  food  products  offered  for  sale  in  the  City  of  Balti- 


67 

more,  or  intended  for  consumption  therein,  as  by  ordinance 
may  be  prescribed. 

75.  One  of  the  Assistant  Commissioners  of  Health,  who 
shall  be  a  legally  authorized  practicing  physician  in  good  stand- 
ing, shall  be  assigned  to  the  performance  of  the  duties  of  Quar- 
antine Hospital  Physician.  He  shall  reside  permanently  on 
the  grounds  attached  to  the  hospital  on  the  southern  shore  of 
the  Patapsco  River,  and  known  as  the  Quarantine  Hospital  of 
the  Port  of  Baltimore,  and  shall  superintend  all  the  affairs  of 
the  hospital  and  the  adjacent  grounds,  under  the  direction  of 
the  Commissioner  of  Health.  Whatever  powers  have  been 
heretofore  granted  by  the  Mayor  and  City  Council  of  Baltimore, 
in  regard  to  quarantine  regulations,  to  the  Board  of  Health,  are 
hereby  transferred  to  the  Commissioner  of  Health,  subject  to 
alteration,  amendment  or  repeal  by  ordinances  not  inconsistent 
with  this  Article. 

'76'  In  consideration  of  the  duties  to  be  performed  by  one 
of  the  Assistant  Commissioners  of  Health  as  Quarantine  Hos- 
pital Physician,  said  officer  shall  hereafter  receive,  in  lieu  of  all 
commissions  and  fees,  a  salary  of  three  thousand  dollars  per 
annum,  payable  monthly,  and  he  may  occupy  the  dwelling  on 
the  hospital  grounds  free  of  charge,  but  all  expenses  incurred 
for  his  support,  or  that  of  his  family,  shall  be  defrayed  out  of 
his  salary.  The  other  Assistant  Commissioner  of  Health  shall 
be  allowed  a  salary  of  two  thousand  dollars  per  annum,  payable 
monthly. 

7>7-  The  Commissioner  of  Health  shall  annually  appoint  a 
Vaccine  Physician  for  every  ward  of  the  City  of  Baltimore, 
who  shall  be  a  resident  of  the  ward  for  which  he  may  be  ap- 
pointed, who  shall  vaccinate  in  his  ward  all  such  persons  as 
may  be  designated  by  the  Commissioner  or  Assistant  Commis- 
sioner of  Health  as  susceptible  to  smallpox  contagion,  and 
whose  duty  it  shall  be  to  visit  each  dwelling  house  in  the  ward 
for  which  he  is  appointed  and  vaccinate  every  person  who  may 
be  presented  to  him  for  that  purpose,  and  to  be  prepared  at  his 
office  at  such  hours  as  may  be  designated  by  the  Commissioner 
of  Health  to  vaccinate  all  who  may  there  call  on  him  that  are 


68 

residents  of  said  ward  requiring  vaccination.  He  shall  keep 
a  record  of  the  names,  ages  and  residences  of  all  whom  he 
shall  vaccinate  or  re-vaccinate,  and  report  the  same  monthly 
under  oath  or  affirmation  to  the  Commissioner  of  Health,  and 
shall  also  report  to  said  Commissioner  of  Health  monthly  the 
names  of  all  persons  who  shall  refuse  to  suffer  themselves  or 
the  members  of  their  household  to  be  vaccinated  when  the 
same  shall  be  necessary.  He  shall  discharge  all  other  duties 
which  may  be  required  of  him  as  such  Vaccine  Physician  by 
ordinances  not  inconsistent  with  this  Article,  and  shall  also 
discharge  the  duties  O'f  Sanitary  Inspector  for  his  ward.  Each 
Vaccine  Physician  shall  be  paid  a  salary  of  not  more  than  nine 
hundred  dollars  per  annum,  to  be  fixed  by  the  Health  Commis- 
sioner, payable  monthly. 

78-  Each  of  the  said  Vaccine  Physicians  shall  act  as  health 
warden  of  his  respective  wards,  and  shall  sign,  without  charge, 
all  certificates  that  may  be  required  of  him  to  enable  children 
from  the  respective  vaccine  districts  to  enter  any  of  the  public 
schools  of  Baltimore;  and  he  shall  have  a  general  supervision  of 
the  health  of  his  respective  wards,  and  report  to  the  Commis- 
sioner of  Health  any  nuisance  which  in  his  opinion  is  or  may 
become  a  source  of  disease,  and  in  case  of  the  manifestation  of 
any  contagious  disease,  he  shall  at  once,  under  the  direction  of 
the  Commissioner  of  Health,  proceed  to  use  such  means  as  the 
nature  of  the  case  may  demand,  to  arrest  its  progress. 

79.  The  Inspector  of  Buildings  shall  be  the  head  of  the 
third  sub-department  of  Public  Safety.  He  shall  be  an  archi- 
tect or  builder  of  ten  years'  experience  in  the  active  practice  of 
his  profession  and  have  had  responsible  charge  of  work  for  at 
least  that  length  of  time.  He  shall  be  appointed  by  the  Mayor 
in  the  mode  prescribed  in  section  25  of  this  Article,  and  hold 
his  office  as  therein  provided,  and  under  this  department  he 
shall  have  the  supervision  of  the  construction  of  all  buildings 
erected  in  the  said  City,  and  shall  see  that  the  building  laws 
relating  to  the  construction  of  said  buildings  shall  be  complied 
with,  and  he  shall  perform  such  other  duties  as  may  be  pre- 
scribed by  ordinances  not  inconsistent  with  this  Article.  He 
shall  be  paid  a  salary  of  three  thousand  dollars  per  annum,  pay- 
able monthly. 


69 

8°-  It  shall  be  the  duty  of  the  Inspector  of  Buildings  to  visit 
and  inspect  all  theaters,  hotels,  public  halls,  churches,  school- 
houses  and  buildings  used  for  public  assemblages,  and  all  man- 
ufactories employing  twenty-five  or  more  persons,  now  erected 
or  that  may  hereafter  be  erected  in  the  City  of  Baltimore,  for  the 
purpose  of  ascertaining  if  said  buildings  have  the  proper  means 
of  exit  in  case  of  fire  or  panic;  and  if,  on  examination,  the  said 
Inspector  of  Buildings  shall  determine  that  said  buildings,  as 
herein  enumerated,  have  not  the  proper  means  of  exit  for  the 
purposes  herein  prescribed,  then  it  shall  be  the  duty  of  the  said 
Inspector  of  Buildings  to  notify  in  writing,  the  owners,  trustees 
or  lessees  of  said  buildings  that  the  proper  means  of  exit  do  not 
exist,  and  direct  the  said  owners,  trustees  or  lessees  of  said 
buildings,  as  herein  enumerated,  to  so  improve  the  same  as  to 
provide  the  proper  means  of  exit,  in  case  of  fire  or  panic,  as  in 
the  judgment  of  the  said  Inspector  of  Buildings  he  may  deem 
proper  and  necessary. 

81-  If  any  person  having  been  notified,  as  provided  in  the 
preceding  section,  shall  fail  to  comply  with  said  notice,  he  shall, 
after  the  expiration  of  thirty  days  from  the  date  of  said  notice, 
forfeit  and  pay  a  fine  of  one  hundred  dollars  for  non-compliance 
therewith,  and  twenty-five  dollars  per  day  for  each  and  every 
day  thereafter  that  he  shall  refuse  to  make  such  improvements 
as  prescribed  in  the  notice  so  given,  as  provided  in  the  preced- 
ing section;  said  fines  to  be  collected  as  other  fines  are  col- 
lected by  law. 

82-  It  shall  be  the  duty  of  the  Inspector  of  Buildings  to  en- 
force the  execution  of  all  existing  or  hereafter  enacted  building 
regulations  and  ordinances  relating  to  the  construction,  alter- 
ation and  removal  of  buildings,  or  other  structures,  walls  or 
parts  of  buildings  or  other  structures.     The  Inspector  of  Build- 
ings shall  have  power  to  appoint  such  assistants  and  subordi- 
nates, clerks  and  employees  as  are  or  may  hereafter  be  pre- 
scribed by  ordinance,  and  fix  their  compensation,  not  to  exceed 
in  the  aggregate  the  amount  allowed  by  ordinance. 

83-  The  Commissioner  of  Street  Cleaning  shall  be  the  head 
of  the  fourth  sub-department  of  Public  Safety.     He  shall  be 
appointed  by  the  Mavor  in  the  mode  prescribed  in  section 


70 

25  of  this  Article,  and  hold  his  office  as  therein  provided. 
He  shall  be  charged  with  the  duty  of  cleaning  the  streets,  as 
well  as  the  cleaning  of  the  sewers,  subject  as  to  the  latter  to  the 
direction  and  orders  of  the  City  Engineer;  and  shall  perform 
such  other  duties  as  may  be  prescribed  by  ordinances  not  in- 
consistent with  this  Article.  He  shall  be  paid  a  salary  of  two 
thousand  five  hundred  dollars  per  annum,  payable  monthly. 
The  Commissioner  may  appoint  such  subordinates  as  his  de- 
partment shall  require,  and  fix  their  compensation,  not  to  ex- 
ceed in  the  aggregate  the  amount  appropriated  by  ordinance. 

Department  of  Public  Improvements. 

84-  There  shall  be  a  Department  of  Public  Improvements 
of  the  Mayor  and  City  Council  of  Baltimore,  which  shall  consist 
of  the  City  Engineer,  Water  Board,  Harbor  Board  and  In- 
spector of  Buildings.  The  head  of  said  department  shall  be  a 
Board  of  Public  Improvements,  composed  of  the  City  Engi- 
neer, who  shall  be  President  of  said  Board,  the  President  of  the 
Water  Board,  the  President  of  the  Harbor  Board,  and  the  In- 
spector of  Buildings.  This  Board  shall  be  for  consultation  and 
advice,  it  shall  have  no  power  to  direct  or  control  the  duties  or 
the  work  of  any  sub-department  under  this  department.  It 
shall  perform  such  other  duties  as  may  be  required  of  it  by 
ordinances  not  inconsistent  with  this  Article.  Until  the  or- 
ganization of  said  Board  of  Public  Improvements  by  the 
Mayor  first  elected  under  the  provisions  of  this  Article,  as  pro- 
vided in  section  25  of  said  Article,  the  City  Commissioner, 
Engineer  of  the  Water  Board,  Engineer  of  the  Harbor  Board 
and  Inspector  of  Buildings,  shall  compose  a  Board  to  perform 
all  the  duties  required  of  the  said  Board  of  Public  Improve- 
ments by  the  provisions  of  this  Article. 

85.  When  any  ordinance  for  a  public  improvement,  not  in- 
cluded in  the  ordinance  of  estimates  furnished  by  the  Board  of 
Estimates  under  theprovisions  of  this  Article,  exceeding  in  cost 
the  sum  of  two  thousand  dollars  has  passed  its  first  reading 
in  the  Branch  of  the  City  Council  in  which  it  originates, 
it  shall  be  referred  to  the  Board  of  Public  Improvements  for  an 
opinion,  in  writing,  as  to  its  advisability  and  whether  the  wants 


71 

of  the  City  actually  require  such  an  improvement,  and  by  the 
last  named  Board  with  such  opinion  attached  to  said  ordinance 
it  shall  be  sent  to  the  Board  of  Estimates  for  its  opinion,  in 
writing,  as  to  the  probable  cost  of  the  same  and  whether  the 

•financial  condition  of  the  City  will  justify  such  an  expenditure. 
No  further  action  with  regard  to  said  ordinance  shall  be  taken 
by  the  City  Council  until  said  reports  have  been  made  and  sub- 
mitted to  both  Branches  of  the  City  Council  and  read  and  en- 
tered on  the  respective  journals  of  said  Branches.  It  shall  be 
the  duty  of  both  of  the  said  Boards  to  promptly  make  the  said 
reports,  and  the  Board  of  Estimates  shall  return  the  same  at- 
tached to  said  ordinance  to  the  City  Council. 

86.  The  City  Engineer,  who  shall  be  the  head  of  the  first 
sub-department  of  Public  Improvements,  shall  be  appointed  by 
the  Mayor  in  the  mode  prescribed  in  section  25  of  this  Article, 
and  hold  his  office  as  therein  provided.     He  shall  have  control 
and  supervision  of  the  streets,  highways,  lanes  and  alleys  of  the 
City  of  Baltimore,  both  as  to  their  construction,  paving  and 

•curbing.  He  shall  construct  all  sewers,  unless  otherwise  pro- 
vided by  ordinance.  He  shall  be  a  civil  engineer  in  the  active 
practice  of  his  profession  for  five  years,  and  one  who  has  had 
responsible  charge  of  work  for  at  least  that  length  of  time.  He 
shall  perform  all  the  duties  heretofore  performed  by  the  City 

'Commissioner  unless  otherwise  provided  in  this  Article.  He 
shall  receive  a  salary  of  four  thousand  dollars  per  annum,  pay- 
able monthly,  and  perform  such  other  duties  as  may  be  pre- 
scribed by  ordinances  not  inconsistent  with  this  Article.  He 

-shall  have  power  to  appoint  such  subordinates  as  he  may  re- 
quire, and  fix  their  compensation,  not,  however,  to  exceed  in 
number  or  compensation  the  limits  fixed  by  ordinance. 

87.  The  Water  Board  shall  be  the  head  of  the  second  sub- 
department  of  Public  Improvements,  and  shall  have  charge  of 
the  water  supply  to  the  inhabitants  of  the  City  of  Baltimore, 
and  shall  consist  of  five  persons  appointed  by  the  Mayor  in 
the  manner  prescribed  in  section  25  of  this  Article,  and  hold 

-their  offices  as  therein  provided.  One  of  said  five  persons, 
who  shall  be  the  President  of  said  Board  and  known  as  the 
"Water  Engineer,  and  so  named  by  the  Mayor,  shall  be  a  civil 


72 

engineer  in  the  active  practice  of  his  profession  for  five  years,, 
and  who  has  had  responsible  charge  of  work  for  at  least  that 
period  of  time.  The  Water  Engineer  shall  receive  a  salary  of 
four  thousand  dollars  per  annum,  payable  monthly,  and  the 
other  members  of  said  Board  shall  serve  without  pay.  All 
subordinates  employed  in  said  sub-department  shall  be  ap- 
pointed by  the  Water  Engineer,  subject  to  the  approval  of  said 
Board,  he  shall  fix  their  compensation  not  to  exceed  in  the  ag- 
gregate the  amount  appropriated  by  ordinance.  The  Water 
Engineer  and  Water  Board  shall  perform  such  other  duties  as 
are  now  or  may  hereafter  be  prescribed  by  ordinances  not 
inconsistent  with  this  Article. 

88-     The  Harbor  Board  shall  be  the  head  of  the  third  sub- 
department  of  Public  Improvements,  which  shall  have  charge 
of  the  harbor,  wharves  and  navigable  waters  in  and  adjacent  to- 
the  City  of  Baltimore.     It  shall  consist  of  five  persons  ap- 
pointed by  the  Mayor  in  the  manner  prescribed  in  section  25  of 
this  Article,  who  shall  hold  their  offices  as  therein  provided. 
One  of  said  five  persons,  who  shall  be  the  President  of  said' 
Board  and  known  as  the  Harbor  Engineer,  and  so  named  by 
the  Mayor,  shall  be  a  civil  engineer  in  the  active  practice  of  his  • 
profession  for  five  years,  and  who  has  had  responsible  charge 
of  work  for  at  least  that  period  of  time.    The  Harbor  Engineer 
shall  receive  a  salary  of  four  thousand  dollars  per  annum,  pay- 
able monthly,  and  the  other  members  of  said  Board  shall  serve 
without  pay.     All  subordinates  employed  in  said  sub-depart- 
ment shall  be  appointed  by  the  Harbor  Engineer,  subject  to  the- 
approval  of  said  Board,  who  shall  fix  their  compensation,  not 
to  exceed  in  the  aggregate  the  amount  appropriated  by  ordi- 
nance.    The  Harbor  Engineer  and  Harbor  Board  shall  per- 
form such  other  duties  as  may  hereafter  be  prescribed  by  ordi- 
nances not  inconsistent  with  this  Article. 

89.  The  Inspector  of  Buildings  shall  be  the  head  of  the 
fourth  sub-department  of  Public  Improvements,  and  shall  be 
the  same  officer  whose  appointment  is  provided  for  herein  in 
the  Department  of  Public  Safety.  The  duties  he  shall  perform 
in  this  department  and  sub-department  shall  be  the  superin- 
tendence of  the  construction  and  repairing  of  all  buildings  built: 


73 

by  the  City,  unless  otherwise  provided  by  ordinances.  He 
shall  receive  no  additional  pay  for  his  services  rendered  in  this 
department.  He  shall  perform  such  other  duties  in  this  de- 
partment as  may  be  required  of  him  by  ordinances  not  incon- 
sistent with  this  Article. 

Department  of  Public  Parks  and  Squares. 

90'  There  shall  be  a  Department  of  Public  Parks  and 
Squares  of  the  Mayor  and  City  Council  of  Baltimore.  The 
head  of  said  department  shall  consist  of  a  Board  of  Park  Com- 
missioners, composed  of  five  members,  to  serve  without  pay, 
appointed  by  the  Mayor  in  the  manner  prescribed  in  section  25 
of  this  Article,  and  to  hold  their  offices  as  therein  provided. 
One  of  whom  shall  be  President  thereof,  and  shall  be  so  desig- 
nated by  the  Mayor,  and  said  Board  shall  elect  a  Secretary,  who 
shall  be  paid  a  salary  of  one  thousand  five  hundred  dollars  per 
annum,  payable  monthly,  and  he  shall  be  the  clerk  of  said 
Board,  and  shall  perform  such  duties  as  may  be  prescribed  by 
said  Board.  The  said  Board  shall  perform  such  other  duties 
as  may  be  prescribed  by  ordinances  not  inconsistent  with  this 
Article. 

91-  The  Board  of  Park  Commissioners  shall  have  charge 
and  control  of  all  public  parks,  squares,  springs  and  monuments 
belonging  to,  controlled  by  or  in  the  custody  of  the  Mayor 
and  City  Council  of  Baltimore. 

92«  The  Board  of  Park  Commissioners  shall  have  power 
from  time  to  time  to  make  such  rules  and  regulations  for  the 
government  and  preservation  of  order  within  the  parks, 
squares,  springs  and  monuments  belonging  to,  controlled  by, 
or  in  the  custody  of  the  Mayor  and  City  Council  of  Baltimore, 
as  it  may  deem  expedient.  To  carry  out  such  regulations,  fines 
not  exceeding  in  any  one  case  one  hundred  dollars  shall  be 
imposed  for  breaches  of  said  rules  and  regulations,  which  fines 
shall  be  recoverable  as  other  fines  are  in  the  name  of  the  City, 
and  said  amounts  so  recovered  shall  be  used  and  appropriated 
to  the  purposes  of  the  Board  of  Park  Commissioners. 


74: 

93-  The  Board  of  Park  Commissioners  is  authorized  and 
•empowered  to  regulate  the  speed  of  vehicles  and  equestrians 
within  one  mile  of  the  approach  and  within  the  limits  of  said 
parks  and  squares,  and  to  impose  the  fines  provided  for  in  the 
preceding  section  for  the  violation  of  any  regulations  it  may 
establish  in  this  connection,  to  be  recovered  as  therein  pro- 
vided. 

94«  The  several  members  of  the  said  Board  of  Park  Com- 
missioners shall  have  the  power  of  conservators  of  the  peace 
within  the  limits  of  said  parks  and  squares. 

95«  The  Board  of  Police  Commissioners  of  Baltimore  City 
is  directed  at  the  request  of  the  Board  of  Park  Commis- 
sioners to  detail  from  time  to  time  such  of  the  regular  police 
force  of  said  City  as  the  said  Board  of  Park  Commissioners  may 
deem  necessary  for  the  preservation  of  order  within  said  parks 
and  squares,  according  to  the  regulations  aforesaid,  which 
policemen  shall  be  under  the  direction  of  said  Board  of  Park 
Commissioners,  and  shall  have  the  same  power  in  said  parks 
and  squares  that  the  police  of  the  City  of  Baltimore  have  as  con- 
servators of  the  peace  in  Baltimore  City  or  elsewhere. 

96-  In  addition  to  the  powers  now  or  hereafter  conferred 
upon  the  Board  of  Park  Commissioners,  it  is  authorized  to  form 
zoological  collections  within  the  limits  of  said  parks  or  squares 
"by  the  purchase  and  collection  of  live,  wild  or  other  animals, 
for  the  purpose  of  public  exhibition  for  the  instruction  and 
recreation  of  the  people,  with  power  to  make  contracts  in  re- 
gard thereto  ;  and  shall  be  capable  at  law  to  hold,  in  the  name 
of  the  Mayor  and  City  Council  of  Baltimore,  and  at  pleasure 
to  dispose  of  gifts,  devises  and  other  property  for  the  use  of 
said  collections. 

97«  The  said  Board  of  Park  Commissioners  shall  have  full 
power  to  employ  and  compensate  all  persons  whom,  in  its 
judgment,  it  may  deem  proper,  in  maintaining  and  supporting 
such  parks,  squares,  springs  and  monuments,  or  any  other 
buildings,  collection,  garden  or  reservation  provided  for  in 
this  Article.  The  distribution  of  the  park  fund  for  the  main- 


75 

tenance  of  the  different  parks  and  squares  shall  be  made  by  the 
Park  Commissioners;  provided,  nothing  contained  in  this  Sec- 
tion or  elsewhere  in  this  Article  shall  be  taken  or  construed 
to  exempt  the  said  Board  of  Park  Commissioners  from  a  full 
compliance  with  all  the  requirements  of  Section  36  of  this 
Article,  and  the  said  Board  of  Park  Commissioners  shall  spend 
no  part  of  said  park  fund  unless  such  expenditure  is  authorized 
and  included  in  the  annual  ordinance  of  estimates;  and  pro- 
vided further,  the  Board  of  Park  Commissioners  who  go  into 
office  on  the  first  day  of  March,  in  the  year  1900,  shall  make 
such  report  to  the  Board  of  Estimates  as  soon  thereafter  as 
possible,  which  report  shall  include  all  expenditures  to  be  made 
by  said  Board  of  Park  Commissioners  for  the  remainder  of 
the  current  fiscal  year,  and  the  Board  of  Estimates  shall  pre- 
pare and  submit  to  the  City  Council  a  supplemental  ordinance 
of  estimates,  to  include  the  amount  which  the  said  Board  of 
Estimates  may  deem  proper  to  be  spent  by  said  Board  of  Park 
Commissioners  for  the  remainder  of  said  current  fiscal  year. 

98-  The  night  watchmen  employed  by  the  Board  of  Park 
Commissioners  shall  have,  while  on  duty,  the  same  power  that 
police  in  said  City  have  as  conservators  of  the  peace. 

Department  of  Education. 

"•  There  shall  be  a  Department  of  Education  of  the  Mayor 
and  City  Council  of  Baltimore.  The  head  of  said  department 
shall  consist  of  a  Board  of  School  Commissioners  composed  of 
nine  persons,  who  shall  serve  without  pay,  and  who  shall  be 
appointed  by  the  Mayor  in  the  mode  prescribed  in  section  25 
of  this  Article,  and  removable  as  therein  provided.  One  of 
said  Commissioners  shall  be  President  of  said  -Board  and  so 
designated  by  the  Mayor  when  appointed.  Their  term  of 
•office  shall  be  six  years,  three  of  them  to  retire  at  the  end  of 
every  two  years.  The  Board  first  appointed  shall  determine 
by  lot  their  term  of  office,  so  as  to  provide  for  the  retire- 
ment in  the  succeeding  two  and  four  years  of  three  of 
their  number.  The  members  of  said  Board  shall  be  resi- 
dents of  the  City  of  Baltimore  for  at  least  one  year  and  citizens 
-of  the  State  of  Maryland  for  at  least  five  years  prior  to  their 


76 

appointment.  The  members  of  said  Board  shall  be  chosen  by 
the  Mayor  from  among  those  he  deems  most  capable  of  pro- 
moting the  interests  of  public  education,  by  reason  of  their 
intelligence,  character,  education  or  business  habits.  In  the 
selection  of  members  of  said  Board  and  in  their  action 
in  the  administration  of  the  public  schools,  ecclesiastical 
and  party  ties  shall  not  be  regarded,  so  that  the  public 
schools  may  be  entirely  out  of  the  field  of  political  and  religious 
differences  and  controversies.  The  said  Board  shall  confirm 
or  reject  all  nominations  of  teachers  -made  to  it,  as  herein- 
after provided  by  the  Superintendent  of  Public  Instruction  and 
his  Assistants.  It  shall  not  confirm  the  appointment  of  any 
teacher  whose  name  does  not  appear  upon  the  graded  list  here- 
inafter provided  for.  All  officers,  secretaries,  clerks  and  em- 
ployees shall  be  appointed  by  said  Board,  and  may  be  removed 
by  it  at  pleasure,  and  any  teacher  may  be  removed  by  said 
Board  on  the  recommendation  of  the  Superintendent  of  Public 
Instruction  after  charges  preferred  and  trial  had.  The  salaries- 
of  all  officers,  teachers,  secretaries,  clerks  and  employees  shall 
be  fixed  by  said  Board,  not  to  exceed  in  the  aggregate  the 
amount  appropriated  by  ordinance.  Whenever  the  construc- 
tion of  a  new  school  house  or  the  enlargement  and  repairs  of 
an  old  school  house  is  authorized,  the  instructions  of  the  Board 
of  School  Commissioners  shall  be  regarded  by  the  Inspector  of 
Buildings  in  the  preparation  of  his  plans,  and  no  plans  shall  be 
finally  adopted  without  the  concurrence  of  said  Board.  All 
text-books,  stationery  and  furniture  required  for  the  public 
schools  shall  be  purchased  by  the  said  Board  after  a  compli- 
ance with  all  the  requirements  of  sections  14  and  15  of  this 
Article  except  the  requirement  of  said  section  as  to  the  Board 
to  open  and  award  said  contracts. 

1OO.  The  said  Board  shall  appoint  the  Principal,  Professors, 
Tutors  and  Instructors  of  the  City  College,  the  Principals,  Tu- 
tors and  Instructors  of  the  Polytechnic  Institutes,  and  of  the 
High  Schools.  It  shall  also  appoint  a  Superintendent  of  Pub- 
lic Instruction  and  one  or  more  Assistant  Superintendents  of 
Public  Instruction,  one  of  whom  shall  be  the  First  Assistant, 
and  shall  act  as  Superintendent  of  Public  Instruction  if  that  offi- 
cer is  disabled.  The  said  Superintendents  shall  all  be  persons  of 


TJftflVERSITY 

77 


education  and  experience  in  the  management  of  schools,  and 
they  shall  be  not  less  than  twenty-five  years  of  age,  at  the  time 
of  their  appointment,  and  shall  discharge  the  duties  herein  pre- 
scribed and  such  other  duties  as  the  said  Board  may  direct. 
In  order  to  secure  the  continuance  of  local  interest  in  and  over- 
sight of  the  public  schools,  there  shall  be  appointed  annually 
by  said  Board  such  number  of  unpaid  School  Visitors  as  may 
be  found  requisite.  One  or  more  of  these  Visitors  shall  be  as- 
signed to  every  school,  and  every  Visitor  so  assigned  shall  be 
a  resident  or  engaged  in  business  within  half  a  mile  of  the 
school  to  which  he  or  she  is  assigned,  so  that  the  parents  and 
inhabitants  of  every  neighborhood  may  have  easy  access  to  an 
official  of  the  public  schools.  The  said  Visitors  shall  perform 
the  duties  hereinafter  prescribed,  and  such  other  duties  as  the 
said  Board  may  direct.  The  said  Board  may  also  appoint  a 
Supervisor  of  the  Heating,  Plumbing  and  Ventilation  of 
School  Buildings,  to  be  known  as  Supervisor  of  School  Build- 
ings, who  shall,  in  addition  to  the  supervision  of  school  build- 
ings in  respect  to  their  heating,  plumbing  and  ventilating,  per- 
form such  other  duties  as  the  Board  may  direct. 

1O1.  The  duties  of  the  Superintendent  of  Public  Instruction 
and  Assistant  Superintendents  of  Public  Instruction  shall  in- 
clude the  examination  of  teachers  and  their  nomination  to  the 
Board  of  School  Commissioners  for  appointment  or  promotion, 
and  the  supervision  of  schools,  and  the  study  and  suggestion 
of  methods  by  which  the  public  school  system  of  the  City  of 
Baltimore  may  be  maintained  and  improved.  They  shall  hold 
regular  meetings  as  a  Board  of  Superintendents  of  Public 
Instruction  and  keep  a  record  of  the  same,  which  shall  be  sub- 
mitted to  the  Board  of  School  Commissioners.  For  the  work 
of  supervision  and  examination,  standing  committees  shall  be 
designated  by  the  Superintendent  of  Public  Instruction  an- 
nually. Of  every  such  committee,  the  Superintendent  of  Public 
Instruction  or  the  First  Assistant  Superintendent  of  Public  In- 
struction, or  both,  shall  be  members  ex-ofiicw,  and  the  number 
of  additional  members  shall  be  determined  from  time  to  time, 
as  circumstances  may  require.  Every  school  shall  be  vis- 
ited at  frequent  intervals  by  the  Superintendent  of  Public 
Instruction  or  one  of  the  Assistant  Superintendents  of 


78 

Public  Instruction,  and  written  reports  on  its  condition  shall 
be  filed  in  the  office  of  the  Superintendent  of  Public  Instruc- 
tion, with  such  recommendations  as  circumstances  may  call 
for.       It  shall  be  the  duty  of  the  Superintendent  of  Public 
Instruction  and  his  Assistants,  to  devote  their  services  exclu- 
sively to  the  public  schools  under  such  regulations  as  the  Board 
of  School  Commissioners  may  prescribe.      It  shall  be  the  duty 
of  the  said  Superintendent  of  Public  Instruction,  with  the  aid  of 
the  Supervisor  of  School  Buildings,  to  ascertain  the  sanitary 
condition  of  every  school,  and  to  report  to.  the  proper  author- 
ities what  repairs  or  improvements  are  necessary.     It  shall  be 
the  duty  of  the  Superintendent  of  Public  Instruction  and  his  As- 
sistants, as  examiners,  to  ascertain,  by  appropriate  committees, 
appointed  as  hereinbefore  provided,  the  training,  knowledge, 
aptness  for  teaching,  and  character  of  every  future  candidate  for 
the  place  of  a  teacher,  and  to  report  to  the  Board  of  School 
Commissioners  graded  lists  of  those  whom  they  deem  qualified 
for  appointment,  from  which  graded  lists  all  nominations  of 
teachers  shall  be  made  by  the  Superintendent  of  Public  Instruc- 
tion and  his  Assistants  to  the  Board  of  School  Commission- 
ers.    All  such  nominations  of  teachers  shall  be  made  in  the 
order  in  which  the  names  of  the  nominees  appear  upon  such 
graded  lists.     In  the  preparation  of  these  graded  lists,  the 
Superintendent  of  Public  Instruction  and  his  Assistants  shall 
ascertain  by  competitive  examinations  the  relative  qualifica- 
tions of  those  candidates  who  desire  appointment,  and  shall 
place  the  names  of  the  accepted  candidates  upon  said  graded 
lists  in  the  order  of  their  relative  qualifications,  so  ascertained 
by  such  competitive  examination.     It  shall  be  their  duty  to 
advise  the  Board  of  School  Commissioners  whenever  called 
upon,  or  whenever  they  think  it  important,  in  respect  to  the 
course    of    studies,    text-books,  or    methods  of    instruction. 
Whenever  the  Superintendent  of  Public  Instruction  and  his 
Assistants  are  in  doubt  what  course  to  pursue,  they  shall  ask 
instructions    from    the    Board  of    School  Commissioners,  to 
whom  they  may  present  a  majority  and  minority  report,  and 
the  decision  of  the  Board  of  School  Commissioners  shall  be 
final.     The  Superintendent  of  Public  Instruction  and  his  As- 
sistants shall  perform  such  other  duties  as  may  be  prescribed 
by  order  of  the  Board  of  School  Commissioners  not  inconsist- 
ent with  this  Article. 


79 

102.  it  shall  be  the  duty  of  the  School  Visitors,  hereinbefore 
provided  for,  to  visit  the  schools  to  which  they  are  assigned,  and. 
to  report  upon  their  condition  at  least  once  in  every  quarter, 
and  oftener  if  they  think  it  desirable.    In  case  of  an  emergency 
requiring  attention,  they  shall  immediately  notify  the  Superin- 
tendent of  Public  Instruction.    The  said  School  Visitors  may 
be  called  together  by  the  Board  of  School  Commissioners  or 
the  Superintendent  of  Public  Instruction  whenever  the  interests, 
of  the  schools  require  it,  or  whenever  it  is  thought  important  for 
the  office  of  a  Visitor  to  be  defined,  the  organization  of  the 
school  system  to  be  considered,  and  the  characteristics  of  a 
good  school  to  be  clearly  stated  to  them.    They  shall  perform 
such  other  duties  as  the  Board  of  School  Commissioners  may 
prescribe,  not  inconsistent  with  this  Article. 

Department  of  Charities  and  Corrections. 

103.  There  shall  be  a  Department  of  Charities  and  Correc- 
tions of  the  Mayor  and  City  Council  of  Baltimore,  which  shall 
consist  of  the  Supervisors  of  City  Charities  and  the  Visitors  to 
the  City  Jail.    The  head  of  the  Department  of  Charities  and 
Corrections  shall  be  a  Board  of  Charities  and  Corrections  com- 
posed of  the  President  and  one  other  of  the  Supervisors  of  City 
Charities,  the  President  and  one  other  of  the  Visitors  to  the 
City  Jail,  and  the  Mayor  ex  officio.    The  Supervisors  of  City 
Charities  and  the  Visitors  to  the  City  Jail  shall  each  designate 
their  representative  member.    The  President  of  the  Supervisors 
of  City  Charities  shall  be  President  of  the  Board  of  Charities 
and  Corrections.    This  Board  shall  be  for  consultation  and  ad- 
vice, but  it  shall  have  no  power  to  direct  or  control  the  duties 
or  work  of  any  sub-department  under  this  department.     It  shall 
perform  such  other  duties  as  may  be  required  of  it  by  ordinances 
not  inconsistent  with  this  Article. 

104.  The  Supervisors  of  City  Charities  shall  be  the  first 
sub-department  of  Charities  and  Corrections,  and  the  .  head 
of  this  sub-department  shall  be  a  board  composed  of  nine 
persons,  appointed  by  the  Mayor  as  provided  in  section  25 
of  this  Article,  who  shall  be  removable  as  therein  provided. 
Their  term  of  office  shall  be  for  six  years,  three  of  them  to  retire- 


80 

at  the  end  of  every  two  years;  except  that  the  Supervisors  first 
appointed  shall  determine  by  lot  their  terms  of  office,  so  as  to 
provide  for  the  termination  of  the  term  of  three  Supervisors  each 
at  the  end  of  the  first  two  and  four  years.  The  said  Supervisors 
shall  have  been  citizens  of  Maryland  for  at  least  five  years,  and 
residents  of  the  City  of  Baltimore  for  at  least  one  year  prior  to 
their  nomination.  The  Mayor,  in  the  appointment  of  said 
Supervisors,  shall  designate  one  of  their  number  as  President, 
and  the  Supervisors  shall  elect  a  Secretary,  who  shall  be  paid  a 
salary  of  one  thousand  five  hundred  dollars  per  annum,  payable 
monthly,  and  shall  discharge  such  duties  as  the  Supervisors 
shall  prescribe.  The  said  Supervisors  shall  serve  without  pay. 
They  shall  be  appointed  by  the  Mayor  from  among  those  whom 
he  deems,  by  reason  of  their  intelligence,  experience  and  char- 
acter, to  be  most  capable  of  caring  for  the  poor,  economically, 
intelligently  and  humanely.  In  the  selection  of  said  Super- 
visors and  in  their  action,  in  matters  relating  to  the  duties 
imposed  upon  them  by  law  or  ordinance,  ecclesiastical  or  party 
ties  shall  not  be  regarded,  so  that  the  care  of  the  poor  may  be 
entirely  out  of  the  field  of  political  or  religious  differences  and 
controversies.  The  duty  of  said  Supervisors  shall  be  to  deter- 
mine what  sick,  insane  or  other  destitute  persons  are  proper 
charges  on  the  City,  and  to  provide  for  the  proper  care  of  such 
persons,  in  so  far  as  money  may  be  appropriated  for  that  pur- 
pose by  the  City.  The  Supervisors  shall  have  the  power  to 
appoint  and  fix  the  compensation  of  such  officials  and  subor- 
dinate employees  as  they  may  deem  necessary  for  the  proper 
conduct  of  the  business  entrusted  to  them,  not  to  exceed  in 
number  of  employees  or  aggregate  amount  of  compensation 
the  limit  fixed  by  ordinance.  The  Supervisors  shall  report 
annually  to  the  City  upon  all  departments  of  their  work,  includ- 
ing the  work  of  those  institutions  with  which  the  City  has  con- 
tracted for  the  care  of  any  poor  persons,  and  they  shall  perform 
all  the  duties  heretofore  performed  by  the  Trustees  of  the  Poor 
unless  otherwise  provided  in  this  Article. 

1O5.  All  appropriations  by  the  Mayor  and  City  Council  of 
Baltimore  for  the  treatment,  care  or  support  of  the  indigent 
poor  in  institutions  not  owned  by  the  City,  or  for  dispensary 
treatment  shall  be  by  contract,  in  which  the  City  shall  agree  to 


81 

pay  so  much  per  capita  for  persons  placed,  treated  or  pre- 
scribed for  in  such  institutions  or  dispensaries  so  contract- 
ing with  the  City,  and  in  no  case  shall  a  gross  sum  be  paid 
to  any  such  institution  or  dispensary.  Every  such  contract 
shall  contain  a  stipulation  that  the  City  shall  incur  no  obliga- 
tion therefrom  for  any  amount  not  provided  for  or  in  excess  of 
the  appropriation  made  for  the  fiscal  year  in  carrying  out  such 
contract.  No  public  moneys  shall  be  paid  to  any  institution 
or  dispensary  for  the  treatment,  care  or  support  of  any  person 
until  the  said  Supervisors  have  determined  and  certified  in 
writing  that  such  person  is  a  proper  subject  of  municipal  aid. 

106.  N0  appropriation  shall  be  made  or  money  expended 
for  the  maintenance,  outside  of  the  Almshouse  or  other  City 
home,  of  any  adult  poor  person  or  persons,  except  the  sick, 
insane  or  other  special  classes  requiring  special  treatment,  or 
homeless  persons  requiring  temporary  care  only  ;    provided, 
the  City  has  adequate  accommodations  at  the  Almshouse  or 
other  City  home.     All  poor  persons  who,  in  the  judgment  of 
said  Supervisors,  require  special  care  or  treatment  outside  of 
a  City  institution,  may  be  placed  by  said  Supervisors  in  any 
institution  or  institutions  with  which  the  City  has  contracted 
for  such  care  or  treatment,  which  they,  in  the  exercise  of  their 
judgment,  after  careful  inspection  and  inquiry,  shall  deem  best 
fitted  to  give  the  necessary  care  or  treatment. 

107.  The  Mayor  and  City  Council  of  Baltimore,  through 
the  said  Supervisors,  shall  have  care  and  supervision  over  such 
children  as  shall  be  committed  to  or  placed  in  those  institutions 
with  which  the  City  may  have  contracted  and  as  shall  have 
been  duly  accepted  by  said  Supervisors  as  proper  charges  on 
the  City.     Said  Supervisors  shall  have  power  to  remove  any 
child  from  any  such  institution  to  which  he  or  she  has  been 
committed  or  placed,  and  to  place   said  child  in  any  other 
such  institution,  when  it  is  apparent  to  the  Supervisors  that, 
from  improper  treatment  or  for  other  good  cause,  the  welfare 
of  the  child  requires  such  removal.     No  such  child  shall  be 
discharged   from   the   institution   to    which    he   or   she    shall 
have  been  committed  or  placed  (unless  by  direction  of  a  court 
of  competent  jurisdiction),  or  be  transferred  to  any  other  insti- 


82 

tution,  or  to  the  care  of  any  individual,  without  the  approval 
and  consent  of  the  said  Supervisors.  It  shall  be  the  duty  of  the 
Supervisors,  as  far  as  is  practicable,  to  place  all  destitute  or 
neglected  children  who  are  under  their  care  or  in  their  charge, 
in  some  institution  or  home  for  children,  or,  without  payment 
of  board  in  some  respectable  family  in  the  State  of  Maryland, 
and  to  have  the  children  visited,  and  their  circumstances 
carefully  examined  at  least  once  in  every  six  months  by  one 
of  the  Supervisors  or  by  a  skilled  agent  or  agents  appointed 
by  them  for  the  purpose.  On  the  preliminary  question 
of  the  commitment  of  any  destitute  or  neglected  child, 
said  Supervisors,  or  their  agent,  shall  be  summoned  by 
the  committing  officer  and  heard  as  to  whether  the  parent 
or  guardian  of  the  child  to  be  committed  is  entitled  to  the 
aid  of  the  City,  and  if  on  the  return  of  the  summons  of  the  said 
Supervisors,  or  their  agent,  further  time  is  required  by  them, 
or  him,  to  make  inquiry  as  to  the  pecuniary  ability  of  said 
parent  or  guardian,  further  time,  not  exceeding  twenty-four 
hours,  shall  be  given.  The  wish  and  request  of  the  parent  or 
guardian  as  to  the  place  of  commitment  shall  be  respected, 
unless  good  cause  to  the  contrary  be  shown  by  the  Supervisors. 
The  Supervisors  of  City  Charities  shall  have  power  to  place 
foundlings  in  any  proper  institution  with  which  the  City  has  a 
contract. 

108.  The  Supervisors  may  admit  into  the  Almshouse  and 
receive  under  their  care,  in  addition  to  those  paupers  which  the 
laws  of  this  State  authorize  and  require,  such  indigent  or  dis- 
tressed persons  as  in  their  opinion  the  dictates  of  humanity  or 
particular  circumstances  render  proper  or  necessary.    In  cases 
of  emergency  any  Supervisor  may  direct  the  admission  of  any 
destitute,  indigent  or  distressed  person  to  the  Almshouse. 

109.  The  Supervisors  shall  prescribe,  provide  for,  and  direct 
all  matters  relating  to  the  support,  treatment  and  employment 
of  all  paupers,  vagrants  and  other  persons  in  the  Almshouse, 
or  any  other  place  under  their  care  and  charge. 

1 1O.  The  Supervisors  shall  procure,  or  erect  and  use  all  such 
machinery,    materials   and   implements    as   they   shall   think 


83 

proper  or  necessary  for  any  purpose  connected  with  their  duties 
or  the  exercise  of  the  powers  vested  in  them. 


The  Supervisors  shall  meet  at  the  Almshouse  five  times 
in  the  year,  to  wit  :  in  the  first  week  of  February,  April,  June, 
October  and  December,  or  oftener,  if  they  shall  deem  it  neces- 
sary ;  and  shall  make  by  a  majority  of  votes  of  such  as  may 
be  present,  all  such  good  and  wholesome  rules  and  by-laws  as 
they  may  think  necessary  and  convenient  for  the  maintenance 
and  employment  of  the  inmates  of  said  Almshouse. 


Upon  complaint  made  to  the  Supervisors  by  the  Super- 
intendent of  said  Almshouse,  and  due  proof  thereof,  that  any 
pauper  in  said  Almshouse  has  behaved  in  a  disorderly  manner, 
•or  has  neglected  to  obey  and  keep  any  of  the  rules  and  by-laws, 
the  Supervisors  may  order  and  direct  such  moderate  and 
proper  correction  for  any  such  offence  as  the  nature  of  the  case 
may  require. 

113.  The  Supervisors  shall  meet  at  the  Almshouse  on  the 
first  Monday  of  April,  yearly,  and  appoint  a  Superintendent  of 
said  Almshouse,  who  shall  receive  a  salary  of  one  thousand  six 
hundred  dollars  per  annum,  payable  monthly.  They  shall  re- 
quire such  Superintendent  to  enter  into  bond  with  sufficient 
security,  payable  to  the  Mayor  and  City  Council  of  Baltimore, 
in  the  penalty  of  five  hundred  dollars,  for  the  faithful  perform- 
ance of  the  duties  of  his  office. 

114-  In  addition  to  such  other  duties  as  the  Supervisors  may 
prescribe,  the  Superintendent  shall  keep  a  regular  list  of  all 
poor,  beggars,  vagrants,  vagabonds  and  offenders  who  shall  be 
committed  to  said  Almshouse,  and  also  regular  accounts,  in 
writing,  of  all  materials  and  other  things  which  may  come  to 
his  hands,  and  of  all  expenses  and  charges  attending  their 
maintenance  and  support,  and  of  all  moneys  received  by  him 
for  the  sale  of  the  produce  of  their  labor,  and  otherwise,  as 
Superintendent,  and  shall  lay  the  same  before  the  Supervisors 
annually  and  whenever  required. 


84 

1  15-     The  Supervisors  may  appoint  a  Purveyor  of  Provisions 
to  said  Almshouse,  and  fix  his  salary  at  a  sum  not  to  exceed  fif- 
teen hundred  dollars  per  annum.    It  shall  be  the  duty  of  said, 
Purveyor  to  provide  and  furnish  provisions  to  said  Almshouse 
under  the  direction  of  said  Supervisors,  to  whom  he  shall 
annually  return  a  statement  or  account  of  his  receipts  and 
expenditures,  to  be  examined  and  passed  at  their  discretion. 

116.  The  Supervisors  shall  require  the  said  Purveyor  to 
give  bond  and  security  to  be  approved  by  them,  and  in  such 
penalty  as  they  shall  direct,  conditioned  for  the  faithful  per- 
formance of  the  trusts  reposed  in  him,  and  upon  failure  to  com- 
ply with  the  conditions  thereof,  they  may  direct  said  bonds  to  be 
put  in  suit,  and  any  sum  of  money  recovered  in  such  suits  shall 
be  applied  to  the  use  of  said  Almshouse. 


None  of  the  foregoing  provisions  in  sections  104  to- 
116  inclusive,  shall  apply  to  offenders,  juvenile  or  adult. 

118.     The  Visitors  to  the  Jail  shall  be  the  second  sub-de- 
partment of  Charities  and  Corrections,  and  the  head  of  this- 
sub-department  shall  be  a  board  consisting  of  nine  persons, 
appointed  by  the  Mayor  in  the  manner  prescribed  in  section  25, 
of  this  Article,  who  shall  hold  their  offices  as  therein  provided. 
They  shall  serve  without  pay.     One  of  their  number  shall; 
be  designated  by  the  Mayor,  who  shall  be  President  of  said' 
Visitors,  and  the  said  Visitors  shall  elect  from  their  number 
a  Secretary.     The  Visitors  to  the  Jail  shall  have  charge  and 
control,   supervision   and   regulation,   of  the   Baltimore   City 
Jail  and  all  reformatory,  criminal  and  penal  institutions  be- 
longing to  the  City.     They  shall  also  have  supervision  over 
those  persons  committed  to  the  criminal,  penal  and  reformatory 
institutions  with  which  the  Mayor  and  City  Council  of  Balti- 
more have  contracts.     The  Visitors  to  the  Jail  shall  have  the 
power  to  pass  rules  and  regulations  for  their  own  government 
and  for  the  government  of  the  Baltimore  City  Jail  and  the  afore- 
said institutions  belonging  to  the  City,  not  inconsistent  with' 
this  Article,  and  shall  perform  such  other  duties  as  may  be  re- 
quired of  them  by  ordinances  not  inconsistent  with  this  Article.- 


85 

119.  7he  said  Visitors  shall  meet  on  the  first  Tuesday  of 
-every  month  or  at  such  other  times  as  they  may  direct  ;  special 
:meetings  may  be  called  at  any  time  by  the  President,  or  any  two 
members,  on  giving  three  days'  notice  in  writing  to  the  mem- 
~bers. 

120.  The  said  Visitors  shall  have  full  power  and  authority, 
;as  often  as  they  may  deem  it  necessary,  to  visit  the  jail  and  the 
prisoners  confined  therein  ;   to  make  by-laws  for  the  internal 
-police  and  good  government  thereof,  and  for  the  preservation 
•of  the  buildings  and  other  property. 

121.  The  said  Visitors  shall  regulate  and  provide  the  diet 
-of  the  prisoners,  procure  necessary  bedding  and  clothing  for 

their  use  ;  make  such  repairs,  alterations  and  improvements 
in  and  about  the  jail  as  they  may  deem  necessary,  and  provide 
medicine  and  attendance  for  such  of  the  prisoners  as  are  sick. 

122.  All  persons  confined  in  Baltimore  City  Jail,  under  sen- 
tence of  the  Criminal  Court  of  Baltimore,  for  offences  punish- 

;able  by  confinement  therein,  or  committed  by  any  Judge,  Court, 
Justice  of  the  Peace,  or  other  lawful  authority  having  jurisdic- 
tion to  commit  such  person  to  said  jail,  either  as  a  punishment 
for  the  violation  of  any  law  or  ordinance,  or  under  or  by  virtue 
•of  any  law  or  ordinance,  or  for  failure  to  pay  any  fine  or  costs 
imposed  upon  such  person  by  any  such  Judge,  Court,  Justice 
•of  the  Peace  or  other  lawful  authority,  shall  be  kept  by  the  Vis- 
itors to  the  Jail  at  hard  labor  in  some  useful  employment.  The 
said  Visitors  to  the  Jail  shall  frame  such  regulations  as  shall 
be  necessary  £o  the  industry,  quiet  and  discipline  of  such  per- 
sons, and  shall  have  them  kept  separate  from  persons  in  con- 
-finement  awaiting  trial,  or  for  other  causes. 

123.  The  said  Visitors  shall  also  require  all  vagrants  con- 
•fined  in  said  jail  to  work  and  labor  about  the  premises. 

124.  The  said  Visitors  may,  with    their  consent,   employ 
•other  persons  confined  therein  in  such  work  and  labor  in  and 
-about  the  premises  as  may  be  consistent  with  their  safe-keep- 
ing, and  shall  keep  an  account  of  the  earnings  of  such  persons, 
:and  shall,  upon  their  discharge,  allow  them  two-thirds  of  the 
met  proceeds  thereof,  to  be  ascertained  by  the  Visitors. 


86 

125.  The  said  Visitors  shall  keep  regular  books  of  accounts,. 
in  which  the  whole  expenses  of  the  jail,  whether  for  supplies,, 
salaries  of  officers,  repairs  or  incidentals,  shall  be  distinctly 
stated. 

126.  The  said  Visitors  shall  appoint  a  fit  person  as  Warden 
of  the  Baltimore  City  Jail.     They  shall  allow  the  said  Warden 
and  his  assistants  and  other  employees  and  servants  such  com- 
pensation as  in  their  judgment  is  proper,  not  to  exceed  in  the- 
aggregate  the  amount  appropriated  by  ordinance.     The  said 
Visitors  shall  at  their  will  and  pleasure  remove  the  said  Warden. 


It  shall  be  the  duty  of  the  Warden  of  the  Baltimore 
City  Jail  to  take  charge  of  the  prison  and  prisoners  therein,  and 
exercise,  during  his  continuance  in  office,  the  same  powers,  and 
be  subject  to  the  same  forfeitures,  and  be  responsible  for  escapes 
in  the  same  manner,  and  to  the  same  extent,  as  sheriffs  of  the 
respective  counties,  and  he  shall  perform  such  other  duties  as- 
shall  be  required  of  him  by  said  Visitors. 

128.  The  said  Warden,  before  he  enters  upon  the  duties  of 
his   office  shall  give  bond  to   the   State   with  good   security 
to  be  approved  by  the  Visitors,  in  the  penalty  of  ten  thousand 
dollars,  conditioned  for  the  faithful  performance  of  his  duty  as 
Warden,  and  for  the  safe  keeping  of  all  such  persons  as  shall  be 
committed  by  legal  authority  to  the  Baltimore  City  Jail,  which 
bond  shall  be  filed  with  the  Comptroller. 

129.  The  said  Warden  shall  also  take  and  subscribe  an  oath' 
that  he  will  duly  and  faithfully  execute  the  duties  and  trusts, 
and  exercise  the  powers  committed  to  and  vested  in  him  as 
Warden  of  the  Baltimore  City  Jail. 

130.  The  Visitors  shall  prescribe  the  number  and  duties  of 
the  assistants  who  may  be  necessary  to  be  employed  by  said 
Warden,  but  the  Warden  shall  have  the  appointment  and  re- 
moval of  such  assistants,  subject  to  the  approval  of  the  Visitors,. 
and  shall  fix  their  compensation,  not  to  exceed  in  the  aggregate 
the  amount  appropriated  by  ordinance. 


87? 

131»  All  commitments  of  prisoners  to  the  Baltimore  City 
Jail  shall  be  directed  to  the  Warden  of  said  jail,  whose  duty  it 
shall  be  to  receive  the  prisoners  from  the  officers  having  them 
in  charge. 

132.  Xhe  Warden  shall  conduct  all  prisoners  in  his  custody 
to  and  from  the  courts,  when  the  said  courts  shall  direct  him  to 
do  so. 

133.  The  Warden  shall  account  with  the  Visitors  for  all 
sums  of  money  which  he  may  collect  from  any  source  connected 
with  the  institution. 

134.  Xhe  Visitors  shall  annually,  during  the  month  of  Jan- 
uary, make  out  and  lay  before  the  Mayor  and  City  Council 
of  Baltimore  a  full  statement  of  all  the  public  money  received 
by  them  from  the  Register  of  the  said  City  or  from  any  other 
source,  and  the  manner  in  which  it  has  been  expended. 

135.  No  spirituous  or  malt  liquors  shall  be  disposed  of,  sold 
or  given  away  within  said  jail,  and  any  employee  or  servant  of 
said  jail  disposing  of,  selling  or  giving  away,  or  being  concerned 
with  others  in  the  disposal,  selling  or  giving  of  any  spirituous  or 
malt  liquors  as  aforesaid  to  any  person  coming  to  said   jail 
on  a  visit,  or  to  any  prisoner  confined  therein,  or  to  any  other 
person,  except  by  order  of  the  attending  physician,  shall  forfeit 
and  pay  the  sum  of  one  hundred  dollars,  to  be  recovered  by  in- 
dictment, one-half  to  go  to  the  informer,  and  the  other  half  to  be 
applied  to  the  use  of  the  City. 

136.  If  the  Warden  or  his  Assistant,  or  any  employee  or 
servant  of    said   jail,  shall  introduce  any  such  spirituous  or 
malt  liquors,  or  suffer  them  to  be  introduced  as  aforesaid, 
knowing  it  to  be  contrary  to  law;  or  shall  permit  any  person 
(with  the  exception  of  the  attorney  of  a  person  confined  in  said 
prison)  to  enter  said  jail  without  license,  as  herein  provided, 
each  and  every  one  of  them  so  offending  shall  be  suspended 
from  his  office  and  be  incapable  of  holding  any  office  or  charge 
within  said  prison  for  the  space  of  one  year  thereafter. 


88 

137.  No  person,  except  the  attorney  of  a  prisoner,  shall  be 
permitted  to  visit  a  prisoner  within  said  jail  or  lot,  unless  by 
special  license  from  the  Warden,  or  some  Judge,  or  other  person 
legally  authorized  to  give  the  same. 

138.  All  persons  hereafter  sentenced  to  be  imprisoned  in 
said  jail  for  offences  by  the  Criminal  Court  of  Baltimore  shall 
be  kept  on  prison  fare,  and  not  be  allowed  any  other  food  or 
drink,  unless  by  the  written  direction  of  the  physician  of  the 
jail. 

139.  All  persons  who  shall  hereafter  be  convicted  of  any 
offense  punishable  by  confinement  in  said  Baltimore  City  Jail, 
and  confined  in  said  jail  under  a  sentence  for  a  longer  period 
than  two  calendar  months,  shall  each  have  a  deduction  from 
their  several  terms  of  sentence  of  five  days  for  each  and  every 
calendar  month  during  which  no  charge  of  misconduct  shall 
have  been  sustained  against  them,  and  they  shall  be  discharged 
at  the  expiration  of  their  respective  terms  of  sentence,  less  the 
time  so  deducted,  and  a  certificate  of  the  Warden  of  said  jail 
of  such  deduction  shall  be  entered  on  the  warrant  of  commit- 
ment ;  provided,  that  if,  during  the  term  of  imprisonment,  the 
prisoner  shall  commit  any  act  of  insubordination  or  other  vio- 
lation of  discipline,  the  Visitors  to  the  Jail  may,  at  their  discre- 
tion, reduce  or  annul  entirely  such  deductions. 

140.  All  persons  confined  in  said  jail  under  the  provisions 
of  the  preceding  section  shall  be  kept  separate  from  such  per- 
sons as  are  in  confinement  for  offenses  other  than  those  referred 
to  in  the  preceding  section,  or  who  may  be  awaiting  trial. 

141  •  The  Warden  of  the  Baltimore  City  Jail  shall  pre- 
pare and  send  to  the  Judge  of  the  Criminal  Court  of  Balti- 
more, on  each  and  every  Saturday,  a  full  and  complete  list  of  the 
names  of  all  persons  who  are  committed  to  his  custody  by  the 
Justices  of  the  Peace  of  said  City,  either  as  vagrants  or  in  default 
of  security  to  keep  the  peace  ;  and  the  Judge  of  the  said  Court 
shall  have  full  power  to  review  the  said  commitments  ;  and 
upon  examination  of  the  various  cases  so  reported  to  him  by 
the  Warden  of  the  Jail  as  aforesaid,  he  shall  discharge  or  re- 


89 

commit  the  said  parties  for  a  term  not  to  exceed  six  months, 
as  in  his  discretion  may  be  most  conducive  to  the  preservation 
of  public  peace  and  order.  The  Justices  of  the  Peace  of  the  City 
of  Baltimore  are  prohibited  from  charging  costs  in  the  cases 
above  named,  unless  the  parties  are  recommitted  by  order  of 
the  Judge  of  said  Court. 

142.  When  any  person  arrested  in  the  City  of  Baltimore 
shall  be  held  in  custody  until  such  person  can  give  security  to 
keep  the  peace,  or  shall  be  committed  to  jail  or  the  House  of 
Correction  in  default  of  such  security,  such  person  shall  be 
chargeable  with  and  shall  pay  all  the  costs  prescribed  by  the 
laws  of  this  State  for  such  arrest,  commitment,  or  giving  security 
to  keep  the  peace,  and  in  default  of  the  payment  thereof  shall  be 
committed  to  jail  until  such  costs  and  the  costs  of  his  release 
shall  be  paid,  or  until  thence  discharged  by  due  course  of  law  ; 
and  said  costs  shall  be  accounted  for  and  paid  over  by  said  re- 
spective Justices  of  the  Peace  so  sitting  at  the  respective  sta- 
tion houses  in  the  manner  in  which  all  costs  paid  to  such  Jus- 
tices of  the  Peace  so  respectively  sitting  at  such  station  houses 
in  the  City  of  Baltimore,  are  now  or  may  hereafter  be  required 
by  law  to  be  accounted  for  and  paid  over. 

143.  Whenever  any  person  has  been  committed  to  the  Bal- 
timore City  Jail  on  the  charge  of  drunkenness  or  disorderly 
conduct,  and  he  is  deemed  by  the  physician  in  charge  of  said 
jail  a  proper  subject  for  the  Almshouse,  the  Visitors  to  the  Jail 
shall  have  power  to  transfer  said  person  to  said  Almshouse. 

144.  Whenever  any  person  has  been  committed  to  the  Bal- 
timore City  Jail  on  the  charge  of  drunkenness  or  disorderly 
conduct  who  is  affected  with  any  form  of  disease  that  in  the 
judgment  of  the  physician  of  said  jail  would  require  a  longer 
time  than  the  term  of  sentence  to  cure,  or  in  any  case  where 
the  accommodation,  comfort,  care  and  nursing  cannot  be  fur- 
nished by  the  said  jail,  or  in  case  of  any  person  who  may  be 
insane  at  the  time  of  committal,  or  become  insane  during  the 
term  for  which  committed,  the  said  Visitors  to  the  Jail  shall 
liave  the  power  to  release  and  send  such  person  to  his  or  her 


90 

home,  or  to  some  infirmary,  hospital  or  to  the  Almshouse, 
where  provision  has  been  made  by  the  City  of  Baltimore  for  the 
reception  of  such  cases. 

Department  of  Review  and  Assessment. 

145.  There  shall  be  a  Department  of  Review  and  Assess- 
ment of  the  Mayor  and  City  Council  of  Baltimore,  composed 
of  the  Appeal  Tax  Court  and  the  Commissioners  for  Opening 
Streets.  The  head  of  this  department  shall  be  the  Board  of 
Review  and  Assessment,  to  consist  of  the  President  of  the  Ap- 
peal Tax  Court,  the  President  of  the  Commissioners  for  Open- 
ing Streets,  and  the  Mayor  ex  officio.  •  The  President  of  the  said 
Court  shall  be  the  President  of  the  Board  of  Review  and  Assess- 
ment. This  Board  shall  be  for  consultation  and  advice,  but  it 
shall  have  no  power  to  direct  or  control  either  sub-department. 
It  shall  perform  such  duties  as  may  be  prescribed  by  ordi- 
nances not  inconsistent  with  this  Article. 

146.  The  Appeal  Tax  Court  shall  be  the  first  sub-de- 
partment of  Review  and  Assessment,  and  its  head  shall  be  a 
bench  composed  of  three  members,  appointed  by  the  Mayor 
in  the  manner  prescribed  in  section  25  of  this  Article,  and  re- 
movable as  therein  provided.  One  of  their  number  shall  be 
President,  and  shall  be  so  designated  when  appointed  by  the 
Mayor.  Their  term  of  office  shall  be  for  three  years,  one  mem- 
ber to  retire  every  year;  except  that  the  members  of  the  Court 
first  appointed  shall  determine  by  lot  their  terms  of  office,  so  as 
to  provide  for  the  termination  of  the  term  of  one  member  each 
at  the  end  of  the  first  and  second  years.  Each  member  of  said 
Court  shall  receive  a  salary  of  two  thousand  dollars  per  annum, 
payable  monthly.  The  said  Court  shall  appoint  a  Clerk,  who 
shall  receive  a  salary  of  one  thousand  six  hundred  dollars  per 
annum,  payable  monthly,  and  shall  perform  such  duties  as  the 
Court  may  prescribe.  The  said  Court  may  also  appoint  such 
other  employees  as  the  City  by  ordinance  may  direct. 

147.  The  said  Court  shall  meet  from  time  to  time  for  the 
purpose  of  hearing  appeals  and  making  transfers  and  correct- 
ing the  accounts  of  assessable  property  charged  to  taxpayers^ 


91 

and  the  assessment  thereof.  The  said  Court  may  also  appoint 
such  number  of  assessors  as  they  may  deem  necessary  in  inves- 
tigating and  ascertaining  all  omitted  and  taxable  property,  and 
assessing  and  returning  the  same  to  the  said  Court,  not  to  ex- 
ceed such  number  as  by  ordinance  may  be  authorized. 

148.  Every  assessor  provided  for  in  this  sub-division  of  this 
Article  shall  annually  inform  himself,  by  all  lawful  means,  of  all 
property,  real  and  personal,  and  stocks  or  investments  in  the 
City,  liable  to  taxation  or  assessment,  and  which  may  have  been 
omitted  in  the  assessment,  and  all  buildings  and  improvements, 
and  all  property  created  or  acquired  since  the  last  assessment, 
and  shall  value  the  same  at  the  full  cash  value  thereof,  and  shall 
make  return  thereof  to  said  Court,  and  for  the  purposes  of  this 
section  the  said  assessors  are  hereby  clothed  with  the  powers  of 
general  assessors,  and  their  valuation  shall  be  subject  to  re- 
vision and  correction  by  said  Court. 

149.  The  assessors  shall  be  allowed  such  compensation  for 
the  performance  of  their  duties  as  the  City  may  by  ordinance 
direct. 

150.  Before    increasing   the    assessment    of   any    property 
which  has  been  theretofore  assessed,  or  adding  any  new  prop- 
erty not  valued  and  returned  to  them  by  the  proper  assessor, 
it  shall  be  the  duty  of  the  said  Court,  as  the  case  may  be,  to 
notify  the  owner  of  such  property  by  written  or  printed  sum- 
mons, containing  such  interrogatories  in  regard  to  the  prop- 
erty as  they  may  require  to  be  answered  on  oath,  and  appoint- 
ing a  certain  day  for  such  owner  to  answer  such  interrogatories, 
either  orally  or  in  writing,  and  to  make  such  statement,  or  pre- 
sent such  proof  as  he  may  desire  in  the  premises;  and  such  notice 
shall  be  served  on  such  owner  or  left  at  his  place  of  abode  at 
least  five  days  before  the  day  of  hearing  appointed  in  such  sum- 
mons.     Such   owner   may   answer   the   interrogatories    con- 
tained in  such  summons,  and  may  appear  on  such  return  day 
and  answer  the  same  under  oath,  orally,  before  said  Court,  and 
may  present  such  testimony  as  he  may  desire  and  said  Court 
may  think  necessary  and  proper  to  be  heard.     In  case  such 
owner,  after  being  summoned,  shall  fail  to  answer  in  writing  on 


92 

•oath,  or  to  appear  and  answer  orally  such  interrogatories,  such 
Court,  after  such  return  day  has  passed,  may  proceed  to  re- 
value and  re-assess  said  property,  or  add  such  new  property, 
according  to  its  best  judgment  and  information  in  the  prem- 
ises ;  but  no  such  re-valuation  and  re-assessment  shall  be  made 
'by  such  Court  without  giving  such  notice  ;  provided,  that  noth- 
ing in  this  section  shall  be  construed  to  apply  to  the  valuation 
-and  assessment  of  new  improvements  or  new  property  discov- 
ered and  assessed  and  returned  to  the  said  Court  by  the  proper 
assessor  whose  duty  it  is  to  assess  and  return  the  same. 

151.  The  City  Register  shall  on  each  first  day  of  May,  July 
and  September  make  out  and  deliver  to  the  said  Court  a  full 
and  accurate  list  of  the  holders  of  all  loans  of  the  City,  the  in- 
terest of  which  is  payable  on  such  respective  dates. 

152.  Xhe  said  Court  shall  in  each  year  carefully  examine 
the  said  lists  and  correct  the  same  by  striking  therefrom  all  the 
holders  of  said  stock  who  may  be  exempt  from  taxation  on  said 
stock,  and  shall,  on  or  before  the  first  day  of  September,  an- 
nually deliver  one  copy  of  the  said  list,  as  corrected  by  them,  to 
the  City  Register,  and  one  copy  thereof  to  the  State  Comp- 
troller, setting  forth  distinctly  in  said  copies  the  assessed  value 
of  the  stock  mentioned  therein. 

153.  The  City  Register  shall  retain  from  the  interest  paid 
on  the  several  City  loans  to  the  holders  thereof,  included  in  the 
said  corrected  list  returned  to  him  by  the  said  Court,  the  State 
tax  imposed  for  the  current  year  on  such  loans  by  the  Code  of 
Public  General  Laws.  He  shall  make  such  deductions  from 
the  installments  of  interest  payable  respectively  on  the  first 
days  of  May,  July  and  September,  and  he  shall,  as  soon  as 
practicable  after  the  first  day  of  September  of  each  year,  pay 
over  such  State  tax  to  the  State  Comptroller. 

154-  If  the  City  Register  shall  at  any  time  fail  to  make  out 
and  deliver  to  the  said  Court  the  lists  of  holders  of  the  said 
stock  loans  as  herein  required,  it  shall  be  the  duty  of  the  said 
Court  to  ascertain  in  such  manner  as  they  may  deem  most  ac- 
curate the  amount  of  said  stock  loans  of  the  Citv  of  Baltimore 


93 

outstanding  on  the  first  day  of  May,  July  and  September  in. 
the  year  in  which  such  failure  or  refusal  shall  take  place,  and 
on  or  before  the  first  day  of  September  in  said  year  make  and 
deliver  one  copy  of  a  statement  certified  by  them,  showing; 
the  amount  of  said  stock  so  ascertained  by  them,  and  its 
assessed  value,  to  the  City  Register,  and  one  copy  thereof  to 
the  State  Comptroller;  and  the  City  Register  shall  thereupon 
'pay  the  tax  aforesaid,  which  he  is  in  section  153  of  this  Article 
directed  to  deduct  from  the  interest  payable  on  said  loans;  but 
the  City  Register  shall  not  be  required  to  set  apart  and  pay 
over  the  said  tax  on  any  part  of  said  stock  loans  which  he  may 
satisfy  the  State  Comptroller  by  a  certificate  to  that  effect,, 
signed  by  the  said  Court,  or  by  other  satisfactory  evidence,  was 
held  on  the  first  day  of  May,  July  and  September  in  the  year 
for  which  the  tax  may  become  due,  and  by  any  person  en- 
titled under  the  laws  of  this  State  to  hold  the  same  free  from 
taxation. 

155-  Each  member  of  the  said  Court  shall  receive  fifty  dol- 
lars, annually,  for  the  service  required  in  the  three  preceding 
sections  ;  and  the  City  Register,  the  sum  of  three  hundred  dol- 
lars for  the  services  therein  required  of  him  ;  the  said  sums  to 
be  paid  by  the  Treasurer  on  the  warrant  of  the  State  Comp- 
troller in  pursuance  of  Article  Si,  section  93,  of  the  Code  of 
Public  General  Laws. 

156.  Whenever  any  person  shall  make  application  for  an. 
allowance  or  deduction  on  account  of  the  sale,  transfer,  aliena- 
tion, loss  or  removal  of  any  property,  or  the  collection  or  pay- 
ment of  any  public  or  private  security  for  money,  the  said  Court, 
shall  interrogate  him  on  oath  in  reference  thereto,  and  the  dis- 
posal of  the  same,  and  especially  inquire  of  him  to  whom  the 
same  has  been  sold  or  transferred,  and  the  amount  of  the  pur- 
chase money  or  the  money  collected,  and  how  the  same  has- 
been  invested. 

157.  The  said  Court  shall  also  interrogate  the  said  person 
on  oath  in  reference  to  any  acquisitions  or  investments  made 
by  him,  and  not  already  assessed,  and  the  amount  of  all  such 
acquisitions  and  investments  shall  be  added  to  his  assessable 


94 

property,  and  if  he  refuses  to  answer,  no  allowance  or  deduction 
shall  be  made  ;  they  shall  also  have  power  to  summon  before 
them  any  person  whom  they  may  know  or  be  credibly  informed 
has  acquired  new  property,  or  whose  account  of  taxable  prop- 
erty may,  in  their  judgment,  require  revision  and  correction, 
and  examine  such  person  on  oath  touching  the  same  ;  and  any 
person  so  summoned,  and  refusing  to  appear,  and  any  person 
refusing  to  be  sworn,  or  to  answer  touching  said  amount  or 
touching  his  or  her  property,  shall  be  liable  to  prosecution 
therefor,  and,  upon  conviction,  shall  be  fined  not  exceeding  fifty 
dollars  for  each  offense,  to  be  collected  as  other  fines  are  col- 
lected. 

158.  Any  person  who  shall  remove  to  the  City  of  Baltimore 
from  any  County  or  City  in  which  his  property  has  been  assessed, 
and  whose  personal  property  has  not  been  assessed  in  the 
City  of  Baltimore,  or  any  person  whose  property  or  some  part 
thereof,  has  not  been  assessed,  shall,  when  required  by  said 
Court,  give  to  said  Court  a  full  and  particular  account  of  his 
personal  property  in  the  County  or  City  from  which  he  has 
removed,  and  of  all  the  personal  property  in  his  possession  or 
under  his  care  and  management,  liable  to  be  assessed,  and 
which  before  that  time  shall  not  have  been  assessed  in  the  City 
of  Baltimore,  and  the  name  of  the  person  to  whom  it  belongs. 

159.  if    any  person  shall,  when    required  by.  said    Court, 
after  ten  days'  notice,  neglect  to  render  the  account  required  in 
the  last  preceding  section,  he  shall  be  fined  a  sum  not  exceeding 
fifty  dollars,  to  be  collected  as  other  fines  are  collected  ;  and  the 
said  Court  shall,  on  its  own  knowledge  and  on  the  best  informa- 
tion they  can  obtain,  value  the  property  of  such  person  to  the 
utmost  sum  they  believe  the  same  to  be  worth  in  cash,  and  on 
the  return  of  said  valuation  they  shall  certify  the  said  refusal  or 
neglect,  and  the  said  Court  shall  assess  such  person  according 
to  the  sum  so  returned,  and  the  same  shall  be  collected  as  the 
assessment. 

160.  Whenever  any  person  shall  apply  to  the  said  Court  for 
allowance  or  deduction  on  account  of  the  removal  of  property 
from  the  City  of  Baltimore  to  a  County  or  City,  the  said  Court 


95 

shall  ascertain  of  the  party  applying  to  what  place  within  the 
State  the  property  has  been  removed,  and  shall  inform  the 
proper  authorities  of  the  place  to  which  the  property  is  removed 
of  the  fact  of  such  removal. 

161.  The  said  Court  shall  direct  their  clerk  to  enter  and  re- 
cord in  a  book  or  books,  to  be  provided  for  the  purpose,  an  ac- 
curate and  fair  account  of  all  property  of  every  sort  within  the 
City  of  Baltimore,  subject  to  taxation,  and  the  valuation  and 
assessment  thereof,  and  an  alphabetical  list  of  the  owners 
thereof,  properly  arranged,  according  to  the  several  wards  of 
the  City  of  Baltimore  and  a  correct  description  and  location  of 
the  said  property  so  valued  and  assessed.  Any  owner  of  prop- 
erty shall  at  all  times  be  permitted  to  inspect  the  record  of  his 
own  property  contained  in  said  book. 

162.  The  clerk  of  said  Court  shall  transmit    to  the  State 
Comptroller   annually,   within   thirty   days   after   the   annual 
levy  of  taxes  for  the  State,  a  return  of  the  assessments  of  prop- 
erty in  the  City  of  Baltimore,  showing  the  amount  thereof  ;  and 
for  neglecting  or  refusing  to  perform  this  duty  the  clerk  so 
neglecting  or  refusing  shall  be  subject  to  presentment,  and 
'upon  conviction  thereof  in  the  Criminal  Court  of  Baltimore 

City,  to  a  penalty  of  one  hundred  dollars,  for  the  use  of  the 
State. 

163.  The  State's  Attorney  of  the  City  of  Baltimore  shall 
give  information  of  such  neglect  or  refusal  to  discharge  the 
duties  prescribed  in  the  preceding  section  to  the  Grand  Jury  of 
the  City,  upon  being  advised  thereof  by  the  State  Comptroller. 

164-     Repealed  by  Act  of  1900,  Chapter  4. 

164A.  The  Appeal  Tax  Court  of  Baltimore  City  shall  have 
the  power  at  any  time  to  value  and  assess  all  personal 
property  and  to  revise  such  valuations  and  assessments  and  to 
revise"  all  valuations  and  assessments  of  real  property  in 
said  City  and  to  lower  or  increase  said  assessment  of  real  or 
personal  property  and  to  take  steps  for  the  discovery  and  assess- 
ment of  all  unassessed  property  of  every  kind.  And  it  shall 


96 

be  the  duty  of  said  Court  at  least  once  in  every  five  years  to 
carefully  make  such  general  revision  of  all  of  the  assessable 
property  in  said  City.  Whenever  said  Court  shall  purpose  to 
alter  or  change  any  assessment  or  make  any  new  assessment 
they  shall,  before  such  assessment  is  made,  give  at  least  five 
days  notice  thereof  in  writing  to  the  owner  of  the  property 
to  be  assessed  or  reassessed,  and  if  any  owner  be  not  found 
within  the  limits  of  said  City,  then  to  the  person  in  possession 
of  the  property  to  be  assessed  or  in  whose  custody  the  same 
may  be,  or  if  it  be  land,  and  no  one  be  in  the  apparent  occu- 
pancy thereof,  then  by  a  notice  posted  on  said  land.  The  said 
Court  in  order  to  make  any  valuation,  assessment,  re-valuation 
or  re-assessment  shall  have  power  to  summon  before  it  any 
person  and  to  interrogate  him  in  reference  to  the  existence, 
situation  or  value  of  any  property  liable  to  assessment  by  said 
Court,  and  any  person  so  summoned  and  refusing  to  appear, 
and  any  person  refusing  to  be  sworn  or  to  answer  touching  said 
value,  re-valuation  or  assessment,  or  touching  his  or  her  prop- 
erty, shall  be  liable  to  prosecution  therefor,  and  upon  convic- 
tion, shall  be  fined  not  exceeding  one  hundred  dollars,  to  be 
collected  as  other  fines  are  collected. 

164B.  if  anv  clerk,  assessor  or  employee  appointed  by  the 
Appeal  Tax  Court  shall  neglect  to  perform  the  duties  required 
of  him  by  law  or  by  said  Court,  he  shall  be  liable  to  be  dis- 
charged by  said  Court  in  its  discretion;  and  if  any  such  clerk, 
assessor  or  employee  shall  receive  any  consideration  or  pay- 
ment designed  or  intended  to  influence  his  conduct  or  act  in 
the  performance  or  omission  of  his  duties  as  prescribed  by  law 
or  by  said  Court  as  such  clerk,  assessor  or  employee,  or  shall 
corruptly  do  or  permit  to  be  done  or  omit  to  do  any  act  in  dis- 
charge of  his  said  duties  he  shall  be  liable  to  immediate  dis- 
missal by  said  Appeal  Tax  Court,  and  shall  be  also  liable  to 
indictment  therefor,  and  upon  conviction  shall  be  fined  not 
exceeding  five  hundred  dollars  for  each  offense  and  also  to 
imprisonment  in  the  jail  or  penitentiary  for  not  more  than  one 
year,  in  the  discretion  of  the  Court. 

165.     Xhe  clerks  of  the  several  courts  in  the  City  of  Balti- 
more shall  annually,  on  or  before  the  first  day  of  October, 


97 

•transmit  to  the  said  Court  a  list  of  all  the  alienations  of  prop- 
erty, chancery  sales  made  by  trustees  and  finally  ratified,  and 
of  all  judgments  and  decrees  recorded  in  their  respective  offices 
•or  rendered  in  their  respective  courts  since  they  last  furnished 
a  list  of  the  same,  which  list  shall  show  the  property  alienated, 
and  the  amount  due  on  the  judgments  or  decrees,  so  as  to 
enable  the  said  Court  to  assess  the  parties  to  whom  the  prop- 
erty is  conveyed  or  the  money  due. 

166.  No  person  shall  be  chargeable  with  the  assessment  of 
property  which  he  may  have  alienated,  but  the  same  shall  be 
•chargeable  to  the  alienee  ;  and  the  said  Court  shall,  from  time 
to  time,  correct  the  account  of  any  person  who  may  have  parted 
with  the  possession  of  any  property,  and  the  same  so  taken  off 
shall  be  charged  to  the  person  who  may  have  acquired  posses- 
sion of  the  property,  unless  the  same  shall  have  been  removed 
from  the  City. 

167.  The  said  Court  is  directed  to  alter  and  correct  the 
account  of  any  person  who  may  have  disposed  of  or  acquired 
.any  property  since  the  last  assessment,  or  whose  property  or 
any  part  thereof  may  have  been  omitted,  if  the  report  of  such 
disposition,  acquisition  or  omission  be  supplied  by  satisfactory 
evidence  ;  and  if  real  estate  or  other  property  shall  from  any 
cause  have  increased  or   decreased  in  value   since  the   last 
assessment  the  said  Court  shall  correct  and  alter  the  assessment 
•of  the  same,  so  as  to  conform  to  its  present  value. 

168.  The  Register  of  Wills  of  Baltimore  City  shall  annually, 
on  or  before  the  first  day  of  October,  return  to  the  said  Court 
a.  summary  account  of  all  property  that  shall  appear  by  the  rec- 
ords of  the  Orphans'  Court  of  Baltimore  City  to  be  in  the  hands 
of  each  executor,  administrator  or  guardian  as  such  ;  and  all 
such  property,  if  not  before  assessed,  shall  then  be  assessed,  and 
every  executor,  administrator  or  guardian  shall  be  liable  to  pay 
the  taxes  levied  thereon,  and  shall  be  allowed  therefor  by  the 
Orphans'  Court  in  his  accounts,  and  the  said  Register  of  Wills, 
for  the  duties  imposed  by  this  section,  shall  be  allowed  such 
compensation  as  the  said  Appeal  Tax  Court  may  deem  proper. 
Should  the  clerk  or  Register  fail  to  perform  the  duties  imposed 


98 

by  this  section,  he  shall  be  guilty  of  a  misdemeanor,  and  shalli 
be  liable  to  indictment,  and  on  conviction  shall  be  fined  not 
exceeding  one  hundred  dollars. 

169.     in  aii  cases  where  discoveries  of  assessable  property 
are  made  by  the  said  Appeal  Tax  Court,  either  from  the  returns 
of  clerks,  registers  or  assessors,  or  in  any  other  way,  the  said 
Court  shall  assess  the  same,  and  add  the  same  to  the  amount  on* 
which  taxes  are  to  be  levied. 


Any  person  or  persons,  or  corporation  assessed  for 
real  or  personal  property  in  the  City  of  Baltimore  and  claiming 
to  be  aggrieved  because  of  any  assessment  made  by  the  said 
Court,  or  because  of  its  failure  to  reduce  or  abate  any  existing 
assessment,  may  by  petition  appeal  to  the  Baltimore  City  Court, 
to  review  the  assessment.  The  Mayor  and  City  Council  of" 
Baltimore  may  also  appeal  from  any  decision  of  said  Court  to- 
the  Baltimore  City  Court  if  it  deem  the  public  interests  require- 
that  the  decision  of  said  Court  should  be  reviewed.  The  peti- 
tion in  such  appeal,  other  than  the  petition  of  the  City,  shall 
set  forth  that  the  assessment  is  illegal,  specifying  the  grounds- 
of  the  alleged  illegality,  or  is  erroneous  by  reason  of  overvalu- 
ation, or  is  unequal  in  that  the  assessment  has  been  made  by  a 
higher  proportion  of  valuation  than  other  real  or  personal  prop- 
erty on  the  same  tax  roll,  by  the  same  officers,  and  that  the  peti-- 
tioner  is,  or  will  be,  injured  by  such  alleged  illegality,  unecfual 
or  erroneous  assessment.  The  petition  of  the  Mayor  and  City 
Council  of  Baltimore  shall  set  forth  wherein  the  decision  of  said 
Court  is  erroneous  and  such  other  facts  as  maybe  necessary  to 
inform  the  Baltimore  City  Court  of  the  claim  of  the  City.  A 
summons  shall  issue  for  the  respondent  or  respondents  named 
in  the  petition  of  the  City  returnable  on  such  a  day  as  the  Balti- 
more City  Court  may  appoint  for  a  hearing  of  the  matter 
averred  in  such  petition.  All  such  appeals  shall  be  taken  within 
thirty  days  after  an  assessment  has  been  made  as  aforesaid,  or 
within  thirty  days  after  the  refusal  to  reduce  or  abate  an  exist- 
ing assessment,  or  within  thirty  days  after  the  action  of  said 
Court  complained  of  by  the  City.  On  such  appeals  the  Balti- 
more City  Court  shall  appoint  a  day  for  hearing  said  appeals, 
which  shall  not  be  less  than  five  or  more  than  thirty  days  after 


99 

the  expiration  of  the  thirty  days'  limit  for  taking  appeals  as 
aforesaid  ;  and  shall  direct  the  clerk  of  the  said  Baltimore  City 
Court  to  issue  a  subpoena  duces  tecum  to  the  Judges  of  said  Ap- 
peal Tax  Court,  requiring  them  to  produce  and  deliver  to  said 
Baltimore  City  Court  the  record  of  the  proceedings  of  the  said 
Appeal  Tax  Court,  and  all  maps,  plats,  documents  and  other 
papers  connected  with  the  said  record  ;  the  said  Baltimore 
City  Court  shall  have  full  power  to  hear  and  fully  examine  the 
subject  and  decide  on  said  appeals,  and  for  that  purpose  it  is 
hereby  authorized  and  empowered  to  adjourn  from  time  to 
time,  and  may  cause  all  or  any  of  such  appeals  to  be  consoli- 
dated, or  may  hear  and  decide  them  separately,  and  may  re- 
quire the  said  Judges  of  the  Appeal  Tax  Court,their  clerks,  sur- 
veyors or  other  agents  and  servants,  or  any  of  them,  and  all 
such  other  persons  as  the  Baltimore  City  Court  may  deem  ne- 
cessary to  attend,  and  examine  them  on  oath  or  affirmation  ; 
and  may  permit  and  require  all  such  explanations,  amend- 
ments and  additions  to  be  made  to  and  of  the  proceedings 
as  the  Court  shall  deem  requisite.  The  person  or  the  City 
appealing  to  the  said  Baltimore  City  Court  shall  have  a  trial 
before  the  Court  without  the  intervention  of  a  jury,  and  the 
Court  sitting  without  a  jury  shall  ascertain  or  decide  on  the 
proper  assessment,  and  shall  not  reject  or  set  aside  the  record 
of  the  proceedings  of  the  said  Judges  of  the  said  Appeal  Tax 
Court  for  any  defect  or  omission  in  either  form  or  substance,  but 
shall  amend  or  supply  all  such  defects  and  omissions,  and  as- 
sess, increase  or  reduce  the  amount  of  the  assessment,  and  al- 
ter, modify  and  correct  the  records  of  proceedings  in  all  or  any 
of  its  parts,  as  the  said  Baltimore  City  Court  shall  deem  just 
and  proper,  and  shall  cause  the  proceedings  and  decisions  on 
said  appeals  to  be  entered  in  the  book  containing  the  record  of 
proceedings  of  the  said  Baltimore  City  Court,  certified  by  the 
Clerk  under  the  seal  of  the  Baltimore  City  Court,  and  the  book 
to  be  transmitted  to  the  Judges  of  the  said  Appeal  Tax  Court, 
which  shall  be  final  and  conclusive  in  every  respect,  unless  an 
appeal  be  taken  to  the  Court  of  Appeals.  Such  record  book  or 
copy  of  the  proceedings  therein,  or  any  part  of  such  proceed- 
ings, whether  in  or  out  of  Court,  certified  by  the  Judges  of  the 
said  Appeal  Tax  Court,  under  seal  of  said  City,  shall  be  evidence 
in  any  Court  in  this  State,  and  the  Judge  of  said  Baltimore  City 


100 

Court  shall  have  full  power,  in  his  discretion,  to  require  the  cost 
of  any  appeal  or  any  part  thereof,  to  be  paid  by  all  or  any 
of  the  appellants,  or  by  the  City,  as  the  circumstances  of 
each  appeal,  in  his  opinion,  shall  justify.  In  no  case  shall 
any  such  appeal  stay  or  suspend  the  power  or  duty  of  the 
City  to  levy  or  collect  taxes  upon  the  property  involved  in 
said  appeal,  but  such  levy  and  collection  shall  proceed  in 
all  respects  as  if  no  appeal  had  been  taken.  If  a  final  judgment 
shall  not  be  given  in  time  to  enable  the  assessors  or  other 
officers  to  make  a  new  or  correct  statement  for  the  use  of  the 
proper  authorities  in  levying  taxes,  and  if  it  shall  appear  from 
such  judgment  that  said  assessment  was  illegal,  erroneous  or 
unequal,  then  there  shall  be  audited,  allowed  and  paid  to  the 
petitioner  by  the  Comptroller  the  amount,  with  interest  there- 
on from  the  date  of  the  payment,  in  excess  of  what  the  tax 
should  have  been,  as  determined  by  said  judgment  or  order  of 
the  Baltimore  City  Court.  And  if  on  the  appeal  by  the  City 
the  Baltimore  City  Court  should  decide  that  the  valuation  and 
assessment  was  erroneous  and  less  than  what  it  should  have 
been,  or  that  the  property  should  be  assessed,  the  Baltimore 
City  Court  shall  ascertain  and  fix  the  valuation  and  assessment 
of  said  property,  then  the  Comptroller  shall  audit  and  charge 
the  respondent  or  respondents  with  the  difference  in  said  valua- 
tion and  assessment  as  fixed  by  the  Baltimore  City  Court  and 
that  fixed  by  the  Appeal  Tax  Court,  which  amount  of  differ- 
ence shall  be  a  lien  on  the  property  involved  in  the  proceed- 
ings. An  appeal  may  be  taken  to  the  Court  of  Appeals  by 
either  the  petitioner  or  petitioners  or  the  City  within  ten  days 
after  the  rendition  of  said  judgment  or  order  by  the  Baltimore 
City  Court,  and  the  record  shall  be  immediately  transmitted  to 
the  Court  of  Appeals,  which  Court  shall  immediately  hear  and 
determine  the  questions  involved  in  said  appeal. 


In  the  year  eighteen  hundred  and  ninety-eight,  and 
in  all  succeeding  years  thereafter,  the  valuation  of  the  property 
subject  to  taxation  in  the  City  of  Baltimore,  as  it  shall  appear 
upon  the  assessment  books  of  said  Court  on  the  first  day 
of  October  in  each  and  every  year,  shall  be  final  and  con- 
clusive, and  constitute  the  basis  upon  which  taxes  for  the  next 
ensuing  fiscal  year  shall  be  assessed  and  levied  ;  provided, 


101 

that  the  foregoing  provision  shall  not  apply  to  property  in 
the  City  liable  to  taxation,  and  which  may  have  escaped,  or 
which  may  have  been  omitted,  in  the  regular  course  of  valua- 
tion, but  such  property  shall  be  valued  and  assessed,  and  the 
owner  or  owners  thereof  charged  with  all  back  and  current 
taxes  justly  due  thereon,  whenever  the  same  may  be  discov- 
ered and  placed  upon  the  assessment  books,  and  provided  that 
the  provisions  of  this  section  shall  not  apply  to  the  taxes 
levied  for  the  year  eighteen  hundred  and  ninety-eight,  after  the 
passage  of  this  Article.  The  said  Court  shall,  on  the  first  day 
of  October,  or  as  soon  thereafter  as  practicable,  in  the  year 
eighteen  hundred  and  ninety-eight,  and  in  all  succeeding  years 
thereafter,  make  out  and  deliver  to  the  City  Collector  and 
Board  of  Estimates  each,  a  statement  showing  the  valuation 
and  assessment  of  all  the  property  subject  to  taxation  in  said 
City,  as  it  shall  appear  upon  the  assessment  books  of  said 
Court  on  said  first  day  of  October  ;  such  statement  shall 
contain  an  alphabetical  list  of  all  owners  to  whom  any  prop- 
erty in  said  statement  has  been  valued  and  assessed,  properly 
arranged  according  to  the  several  wards  of  the  City,  with  the 
location  and  description  of  the  property  of  each  of  said  own- 
ers. The  said  statement  shall  be  known  as  the  taxable  basis 
for  the  next  ensuing  fiscal  year,  and  after  the  levy  of  taxes,  it 
shall  be  designated  as  the  tax  roll  for  said  year.  The  said 
Court  shall  perform  such  other  duties  as  may  be  prescribed  by 
law  or  ordinances  not  inconsistent  with  this  Article. 

172.  The  Commissioners  for  Opening  Streets  shall  be  the 
second  sub-department  of  Review  and  Assessment,  and  the 
head  of  this  sub-department  shall  be  a  Board  composed  of  three 
persons,  appointed  by  the  Mayor  in  the  manner  prescribed  in 
section  25  of  this  Article,  and  removable  as  therein  pro- 
vided. One  of  their  number  shall  be  President,  and  shall 
be  so  designated  when  appointed  by  the  Mayor.  Their 
term  of  office  shall  be  for  three  years,  one  Commissioner 
to  retire  every  year;  except  that  the  Commissioners  first  ap- 
pointed shall  determine  by  lot  their  terms  of  office,  so  as  to  pro- 
vide for  the  termination  of  the  term  of  one  Commissioner  each 
at  the  end  of  the  first  and  second  years.  The  said  Commis- 
sioners shall  receive  a  salary  of  one  thousand  eight  hundred 


102 

dollars  each  per  annum,  payable  monthly.  The  said  Commis- 
sioners shall  be  charged  with  the  duty  of  opening,  extending, 
widening,  straightening  or  closing  any  street,  lane,  alley  or  part 
thereof  situated  in  Baltimore  City  whenever  the  same  shall 
have  been  directed  by  ordinance  to  be  done,  and  shall  perform 
such  other  duties  as  the  Mayor  and  City  Council  of  Baltimore 
may  by  ordinance  prescribe.  The  said  Commissioners  shall 
appoint  a  Clerk,  who  shall  be  paid  a  salary  of  one  thousand  five 
hundred  dollars  per  annum,  payable  monthly,  and  shall  per- 
form, such  duties  as  the  Commissioners  may  prescribe.  The 
said  Commissioners  may  also  appoint  such  other  employees 
as  the  Mayor  and  City  Council  of  Baltimore  by  ordinance  may 
direct,  and  fix  their  compensation,  not  to  exceed  in  the  aggre- 
gate the  amount  appropriated  by  ordinance. 

173.  The  Clerk  of  said  Commissioners  shall  keep  a  record 
of  their  proceedings  in  a  book  provided  for  the  purpose,  and  in 
such  form  as  the  City  Solicitor  may  prescribe;  and  the  said 
Clerk  shall  record  in  said  book  all  orders  made  by  the  Commis- 
sioners in  regard  to  the  performance  of  their  duties,  and  make 
true  copies  of  all  notices  by  them  directed  to  be  published,  and 
of  the  certificate  of  the  publication  thereof,  and  shall  perform 
such  other  clerical  duties  as  the  said  Commissioners  shall 
require. 

174.  When  the  said  Commissioners  shall  assess  a  sum  of 
money  to  be  paid  by  any  person  or  persons,  for  benefits  derived 
by  such  person  or  persons  from  opening,  extending,  widening, 
straightening  or  closing  any  street,  lane  or  alley,  or  part  there- 
of, and  shall  assess  a  sum  of  money  to  be  paid  to  the  same 
person  or  persons  for  damages  sustained   by    said    opening, 
extending,  widening,  straightening  or  closing,  it  shall  and  may 
be  lawful,  upon  a  certificate  of  title  from  the  City  Solicitor,  for 
the  City  Register  or  City  Collector  to  receive  from  such  person 
or  persons  an  assignment  for  the  sum  or  sums  so  assessed  as 
damages  aforesaid. 

175.  Whenever  the  Mayor  and  City  Council  of  Baltimore 
shall   hereafter  by  ordinance   direct  the   Commissioners   for 
Opening  Streets  to  lay  out,  open,  extend,  widen,  straighten  or 
close  up,  in  whole  or  in  part,  any  street,  square,  lane  or  alley, 


103 

-within  the  bounds  of  this  City,  the  said  Commissioners,  having 
...given  the  notice  required  by  law  of  their  first  meeting  to  exe- 
-cute  the  same,  shall  meet  at  the  time  and  place  mentioned  in 
-said  notice,  and  from  time  to  time  thereafter,  as  may  be  neces- 
sary, to  exercise  the  powers  and  perform  the  duties  required  of 
them  by  said  ordinance,  and  shall  ascertain  whether  any  and 
what  amount  of  value  in  damage  will  thereby  be  caused  to  the 
•owner  of  any  right  or  interest  in  any  ground  or  improvements 
within  or  adjacent  to  the  City  of  Baltimore,  for  which,  taking 
into   consideration   all   advantages   and   disadvantages,    such 
•owner  ought  to  be  compensated  ;  and  the  said  Commissioners 
having  ascertained  the  whole  amount  of  damages  for  which 
compensation  ought  to  be  awarded,  as  aforesaid,  and  having 

•  added  thereto  an  estimate  of  the  probable  amount  of  expenses 
which  will  be  incurred  by  them  in  the  performance  of  the  duties 
required  of  them,  as  aforesaid  ;   and  also  of  the  expenses  in- 
curred by  the  City  Register  by  reason  of  said  proceedings,  shall 
proceed  to  assess  all  the  ground  and  improvements  within  and 

•  adjacent  to  the  City,  the  owners  of  which,  as  such,  the  said 
Commissioners  shall  decide  and  deem  to  be  directly  bene- 
fited by  accomplishing  the  object  authorized  in  the  ordinance 
aforesaid  ;   and  should  the  direct  benefits,  assessed  as  afore- 

:  said,  not  be  equal  to  the  damages  and  expenses  incurred,  the 
balance  of  said  expenses  and  damages  shall  be  paid  by  the  City 
Register,  and  provided  for  in  the  general  levy. 

176-  In  every  case  where  it  shall  be  necessary,  in  order  to 
•effect  the  object  proposed  under  any  of  the  ordinances  provid- 
ing for  tlie  laying  out,  opening,  widening  or  straightening  in 
whole  or  in  part  any  street,  square,  lane  or  alley,  that  a  portion 
only  of  a  lot  and  improvements  shall  be  taken  and  used  or 
'destroyed,  and  the  owner  or  owners  thereof  shall  claim  to  be 
compensated  for  the  whole,  the  said  Commissioners  in  such 
cases  may,  if  they  deem  it  best  and  not  otherwise,  accept  a 
surrender  in  writing  of  the  whole  of  said  lot  and  improve- 
ments, or  the  whole  of  said  improvements,  from  said  owner  or 
owners,  in  which  event  the  said  Commissioners  shall  ascer- 
tain the  full  value  thereof,  as  if  the  whole  lot  or  lots  and  im- 
prbvement  or  improvements,  as  the  case  may  be,  were  neces- 
.sary  to  be  taken  and  used  for  such  proposed  object,  and  the 


104 

whole  amount  of  such  valuation  when  finally  decided  on  shall 
be  paid  or  tendered  to  the  said  owner  or  owners  before  any 
part  thereof  shall  be  destroyed,  removed  or  used,  unless  such 
owner  or  owners  shall  assent  thereto  in  writing,  as  now  pro- 
vided for  by  law ;  and  the  said  Commissioners,  after  giving 
ten  days'  notice  in  two  of  the  daily  newspapers  of  the  City  of 
the  time  and  place,  manner  and  terms  of  sale,  shall  sell  by 
public  auction  to  the  highest  bidder  the  materials  of  any  house 
or  houses  which  it  shall  be  necessary  to  remove,  in  whole  or 
in  part,  and  also  the  residue  of  any  lot  of  which  a  part  shall  be 
taken  and  used  to  effect  the  object  confided  to  the  Commis- 
sioners, and  which  residue  shall  have  been,  with  the  consent 
of  the  Commissioners  aforesaid,  surrendered  by  the  owners  as 
aforesaid ;  the  purchase  money  to  be  paid  when  full  possession 
shall  be  given  of  the  property  or  material  so  sold,  and  the  said 
Commissioners  or  a  majority  of  them  on  receiving  the  purchase 
money  aforesaid,  and  not  before,  shall  by  a  good  and  suffi- 
cient deed  convey  the  lot  or  lots  of  ground  by  them  so  sold 
to  the  purchaser;  but  no  such  sales  shall  be  made  until  after 
the  Commissioners  have  assessed  the  entire  amount  of  dam- 
ages and  expenses  as  are  now  to  be  assessed  by  existing  ordi- 
nances relating  to  the  condemnation  of  streets,  nor  until  all 
damages  for  taking  said  property  shall  have  been  paid  or  ten- 
dered to  the  proper  party  or  parties  or  invested  or  paid  into 
Court  as  by  law  required,  nor  until  the  said  Commissioners 
are  able  to  give  possession  to  the  said  purchaser  or  purchasers 
of  property  and  materials  aforesaid,  and  the  said  Commis- 
sioners are  duly  empowered  to  take  and  receive  a  good  and 
sufficient  bond  from  the  purchaser  or  purchasers  aforesaid,, 
with  a  penalty  to  the  Mayor  and  City  Council  of  Baltimore, 
conditioned  that  the  purchase  money  be  duly  paid  at  such  time 
as  the  said  Commissioners  shall  demand  the  same,  and  condi- 
tioned further  that  said  purchaser  or  purchasers  shall  remove 
within  sixty  days  after  notice  from  the  said  Commissioners 
from  the  bed  of  the  street  all  such  materials  so  sold,  and  all 
rubbish  or  other  obstructions  in  said  street  occasioned  thereby;: 
and  in  the  event  of  the  purchaser  or  purchasers  not  comply- 
ing with  the  terms  of  said  sale,  the  Commissioners  shall  re-sell 
the  said  lot  or  lots,  and  improvement  or  improvements,  as  the 


105 

case  may  be,  at  the  risk  of  the  former  purchaser,  giving  not 
less  than  five  days'  notice  of  said  re-sale  in  two  of  the  daily 
newspapers  of  the  City  aforesaid  ;  provided,  however,  that 
where,  in  the  judgment  of  said  Commissioners,  a  part  only  of 
the  whole  of  the  improvements  of  any  lot  can  be  taken  without 
destroying  the  whole  of  said  lot  or  said  improvements,  for  the 
purpose  for  which  lot  or  improvements  are  used,  or  for  build- 
ing purposes,  the  said  Commissioners  shall  only  condemn  such 
part  of  said  whole  lot  or  improvements  as  is  necessary  for  the 
proposed  object,  and  shall  award  to  the  owner  or  owners  of 
the  part  of  the  lot  or  improvements  so  taken  such  damages  and 
assess  upon  the  remainder  thereof  such  benefits  as  in  their  judg- 
ment shall  be  right  and  proper;  and  provided,  further,  that  in 
all  cases  where  there  are  sheds  or  other  obstructions  lying  and  " 
being  in  beds  of  streets,  lanes,  roads  or  alleys,  in  process  of 
opening-  or  widening,  where  the  same  will  not,  in  the  judg- 
ment of  the  Commissioners  for  Opening  Streets,  sell  by  public 
auction  for  the  amount  of  the  expenses  of  said  sale,  then  the 
said  Commissioners  for  Opening  Streets  may,  and  they  are 
hereby  authorized,  to  sell  the  same  at  private  sale. 


As  soon  as  the  Commissioners  aforesaid  shall  have 
completed  the  valuation  of  damages  to  be  ascertained  by  them 
as  directed  by  this  Article,  they  shall  cause  a  statement  thereof 
to  be  made  out  for  the  inspection  of  all  persons  desiring  infor- 
mation of  its  contents,  and  such  statement,  together  with  an 
explanatory  map  or  maps,  shall  contain  a  description  of  each 
separate  lot  or  parcel  of  ground  deemed  to  have  sustained 
damages,  its  dimensions,  the  name  of  the  street,  lane  or  alley  on 
which  it  bounds,  the  names  of  all  persons  supposed  to  have  any 
estate  or  interest  in  it,  and  the  amount  of  damages  as  valued 
by  the  Commissioners  ;  and  if  there  be  any  house  or  other  im- 
provements on  it,  necessary  to  be  removed,  in  whole  or  in  partr 
such  description  thereof  as  the  Commissioners  shall  deem  nec- 
essary ;  and  in  like  manner  a  description  of  each  parcel  of 
ground  deemed  by  the  Commissioners  to  be  benefited,  the 
name  or  names  of  such  person  or  persons  as  may  be  supposed 
to  have  any  estate  or  interest  therein,  and  the  amount  assessed 
thereon  for  benefits  ;  and  the  said  Commissioners  shall  cause 
a  notice  to  be  published  for  four  successive  days  in  two  daily 


106 

newspapers  of  the  City,  stating  the  extent  of  the  ground  covered 
by  the  assessment,  and  that  such  statement  and  maps  are  ready 
for  the  inspection  of  all  persons  interested  therein  ;  and  that 
the  Commissioners  will  meet  at  their  office  on  a  day  to  be 
named  in  said  notice,  which  shall  be  within  ten  days  after  the 
first  publication  of  such  notice,  for  the  purpose  of  reviewing 
.any  of  the  matters  contained  in  such  statement  to  which  any 
person  claiming  to  be  interested  shall  make  objection  ;  and  the 
Commissioners  shall  meet  at  the  time  and  place  so  appointed, 
and  shall  hear  and  consider  all  such  representations  or  testi- 
mony on  oath  or  affirmation,  verbal  or  in  writing,  in  relation  to 
any  matter  in  said  statement  which  shall  be  offered  to  them  on 
behalf  of  any  person  claiming  to  be  interested  therein  ;  and 
the  said  Commissioners  shall  make  all  such  corrections  and 
-alterations  in  the  valuations,  assessments  and  estimates,  and  all 
other  matters  contained  in  the  said  statements  and  explanatory 
map  or  maps  aforesaid,  as  in  their  judgment  shall  appear  to 
them,  or  a  majority  of  them,  to  be  just  and  proper  ;  and  they 
may  adjourn,  from  day  to  day,  if  necessary,  to  give  all  parties 
claiming  a  review  an  opportunity  to  be  heard,  not  exceeding  in 
the  whole  ten  days  ;  and  after  closing  such  review  the  Commis- 
.sioners  shall  make  all  such  corrections  in  their  statement  and 
explanatory  map  or  maps  as  they  shall  deem  proper,  and 
cause  such  statement  as  corrected  to  be  recorded  in  their  book 
of  proceedings,  and  certified  under  the  hands  and  seals  of  the 
said  Commissioners  and  their  Clerk,  and  shall  deposit  the  same, 
together  with  the  explanatory  map  or  maps,  as  finally  corrected 
by  them,  and  similarly  certified  to  in  the  office  of  the  City 
Register  ;  and  it  shall  be  the  duty  of  the  City  Register  within 
five  days  after  said  proceedings  shall  have  been  deposited  in  his 
office,  to  notify  all  persons  interested  by  an  advertisement,  to 
be  inserted  once  a  week  for  four  successive  weeks,  in  two  of  the 
daily  newspapers  of  the  City,  that  the  said  assessment  and  maps 
have  been  so  placed  in  his  office,  and  that  the  parties  affected 
thereby  are  entitled  to  appeal  therefrom  by  petition  in  writing 
to  the  Baltimore  City  Court. 


It  shall  be  the  duty  of  the  Clerk  of  the  Commissioners 
for  Opening  Streets  to  serve  written  or  printed  notice  upon 
each  and  every  party  or  parties  assessed  for  damages,  caused  by 


107 

the  condemnation  and  opening  of  any  public  highway  ;  pro- 
vided, however  that  the  service  of  such  notice  shall  not  be  so 
construed  as  to  be  one  of  the  prerequisites  to  the  condemnation 
and  opening  of  any  street  under  any  ordinance  heretofore 
passed,  or  hereafter  to  be  passed. 

179.  The  Mayor  and  City  Council  of  Baltimore  or  any  per- 
son or  persons,  or  corporations,  who  may  be  dissatisfied  with 
the  assessment  of  damages  or  benefits,  as  hereinbefore  pro- 
vided, may,  within  thirty  days  after  the  return  of  the  corrected 
statement  and  map  or  maps  to  the  Register,  and  the  first  pub- 
lication of  the  notice  thereof  by  the  Register,  appeal  therefrom 
by  petition,  in  writing,  to  the  Baltimore  City  Court,  praying  the 
said  Court  to  review  the  same,  and  on  any  such  appeal  the 
Court  may  and  shall  appoint  a  day  for  hearing  said  appeal,  which 
shall  not  be  less  than  five  or  more  than  thirty  days  after  the  ex- 
piration of  the  thirty  days  limited  for' taking  appeals  as  afore- 
said, and  shall  direct  the  clerk  of  the  said  Court  to  issue  a  sub- 
poena dnces  tccum  to  the  City  Register,  requiring  him  to  produce 
and  deliver  to  said  Court  the  record  of  the  proceedings  of  the 
said  Commissioners  in  the  case,  and  all  maps,  plats,  documents 
and  papers  connected  with  such  record,  and  the  said  City  Court 
shall  have  full  power  to  hear  and  fully  examine  the  subject, 
and  decide  on  the  said  appeal,  and  for  that  purpose  is  hereby 
authorized  and  empowered  to  adjourn  from  time  to  time,  and 
may  cause  all  such  appeals  to  be  consolidated,  or  may  hear  and 
decide  them  separately,  and  may  require  the  said  Commission- 
ers, their  Clerk,  Surveyor,  or  other  agents  and  servants,  or  any 
of  them,  and  all  such  other  persons  as  the  Court  shall  deem 
necessary,  to  attend,  and  examine  them  on  oath  or  affirmation, 
and  may  permit  and  require  all  such  explanations,  amendments 
and  additions  to  be  made  to  and  of  the  said  record  of  the  pro- 
ceedings as  the  said  Court  shall  deem  requisite  ;  and  the  per- 
sons appealing  to  the  Baltimore  City  Court,  as  aforesaid,  shall 
be  secured  in  the  right  of  a  jury  trial,  and  the  said  Court  shall 
direct  the  Sheriff  of  Baltimore  City  to  summon  twelve  or  more 
persons  qualified  to  be  jurors,  and  shall  empanel  any  twelve 
disinterested  persons  so  summoned,  or  attending  the  Court,  to 
try  any  question  of  facts,  and  if  necessary  to  view  any  property 
in  the  City,  or  adjacent  thereto,  to  ascertain  and  decide  on  the 


108 

amount  of  damages  or  benefits,  under  the  direction  of  the 
Court  ;  and  the  said  Court  shall  not  reject  or  set  aside  the  rec- 
ord of  the  proceedings  of  the  said  Commissioners  for  any  defect 
or  omission  in  either  form  or  substance,  but  shall  amend  or  sup- 
ply all  such  defects  and  omissions,  and  increase  or  reduce  the 
amount  of  damages  and  benefits  assessed,  and  alter,  modify  and 
correct  the  said  return  of  proceedings,  in  all  or  any  of  its  parts, 
as  the  said  Court  shall  deem  just  and  proper,  and  shall  cause  the 
proceedings  and  decisions  on  said  returns  and  appeals  to  be 
entered  in  the  book  containing  the  record  of  the  proceedings 
of  the  Commissioners,  certified  by  the  Clerk,  under  the  seal  of 
the  Court,  and  the  book  to  be  transmitted  to  the  City  Register, 
which  shall  be  final  and  conclusive  in  every  respect,  unless  an 
appeal  be  taken  to  the  Court  of  Appeals,  and  such  record  book, 
or  a  copy  of  the  proceedings  therein,  or  any  part  of  such  pro- 
ceedings, whether  in  court  or  out  of  court,  certified  by  the  City 
Register  under  the  corporate  seal  of  the  City,  shall  be  evidence 
in  any  court  in  this  State,  and  the  Judge  of  the  Baltimore  City 
Court  shall  have  full  power,  in  his  discretion,  to  add  the  reason- 
able costs  of  any  appeal,  to  be  taxed  by  him,  or  any  part  thereof, 
to  the  damages  to  be  collected  for  opening  or  closing  said 
street,  or  to  require  such  cost,  or  any  part  thereof,  to  be  paid 
by  all  or  by  either  of  the  appellants,  as  the  circumstances  of 
each  appeal,  in  his  opinion,  shall  justify.  Upon  every  appeal 
to  the  Baltimore  City  Court  from  any  action  of  the  Commis- 
sioners for  Opening  Streets  both  the  damages  and  benefits  as- 
sessed by  the  Commissioners  to  the  appellant  shall  be  open  for 
review  and  correction  by  the  said  City  Court. 

ISO.  Whenever  any  ordinance  passed  by  the  Mayor  and  City 
Council  of  Baltimore,  providing  for  the  condemnation  and  open- 
ing, extending,  widening  or  closing  of  any  street,  lane  or  alley  in 
said  City,  shall  be  set  aside,  or  declared  null  and  void  by  a  court 
of  competent  jurisdiction,  to  wit  :  the  Baltimore  City  Court 
or  the  Court  of  Appeals,  in  the  event  of  an  appeal  to  that  tri- 
bunal, or  the  same  shall  be  repealed  by  the  City,  it  shall  be  the 
duty  of  the  Comptroller  immediately  thereafter  to  draw  his 
warrant  on  the  City  Register  in  favor  of  any  and  all  persons, 
or  their  legal  representatives,  who  may  have  paid  into  the  City 
Treasurv  any  sum  or  sums  of  monev  on  account  thereof;  which 


109 

shall  be  forthwith  paid  out  of  any  sums  in  the  Treasury  not 
otherwise  appropriated.  The  Comptroller  shall  likewise  draw 
his  warrant  on  the  City  Register  for  the  payment  of  all  ex- 
penses which  may  have  been  incurred  by  virtue  of  any  such 
ordinance,  in  carrying  out  the  provisions  thereof,  for  which  the 
City  may  be  liable  under  existing  ordinances. 


If  no  appeal  shall  have  been  prayed,  then  within  ten 
days  after  the  time  hereinbefore  limited  therefor,  or  after  the 
return  of  the  decision  upon  any  appeal  shall  have  been  made  to 
the  City  Register,  the  said  City  Register  shall  transfer  the  said 
Commissioners'  return  to  the  City  Collector,  who  shall  proceed 
forthwith  to  notify  the  parties  assessed  for  benefits  by  means 
of  bills  specifying  the  several  sums  so  assessed,  and  warning 
them  that  if  the  same  be  not  paid  within  three  months  from  the 
date  of  such  transfer  of  said  Commissioners'  returns,  he  will 
proceed  to  sell  the  specific  pieces  or  parts  of  property  on  which 
such  unpaid  sum  or  sums  of  money  shall  have  been  assessed,  in 
the  manner,  and  after  having  given  the  notice  directed  by  this 
Article. 

182.  if  the  sums  assessed  upon  the  property  specified  shall 
not  be  paid  within  the  time  above  limited,  the  City  Collector  is 
hereby  directed  to  sell  the  property,  or  any  part  thereof,  on 
which    such   assessment    has    been   laid,    giving    thirty    days' 
notice  of  said  sale,  in  two  of  the  daily  newspapers  published  in 
the  City  of  Baltimore,  the  first  insertion  of  said  notice  to  be 
made  in  said  newspapers  within  sixty  days  after  the  expira- 
tion of  the  time  limited  in  this  Article  for  the  payment  of 
said  benefits  ;  and  the  moneys  so  collected  by  the  City  Collector 
shall  be  paid  over  by  him  to  the  City  as  other  moneys  are 
directed  to  be  paid  over,  to  be  by  it  paid  to  the  persons  entitled 
to  receive  the  same. 

183.  in  all  cases  in  which  the  City  Collector  shall  sell  any 
property  on  account  of  the  non-payment  of  assessments  made 
for  the  opening,  closing,  widening  or  extension  of  any  street, 
lane  or  alley,  it  shall  be  his  duty  to  sell  said  property  to  the  ex- 
tent, and  subject  to  the  same  conditions  which  are  provided  by 
ordinance  for  the  sale  of  real  estate  in  the  City  of  Baltimore, 


110 

charged  with  the  payment  of  other  taxes  imposed  by  this  cor- 
poration ;  and  in  the  event  of  the  purchaser  or  purchasers  fail- 
ing forthwith  to  comply  with  the  terms  of  said  sale,  the  City 
Collector  shall  re-sell  the  same  at  the  risk  of  the  former  pur- 
chaser, giving  not  less  than  ten  days'  notice  in  two  of  the  daily 
newspapers  of  the  City  aforesaid;  and  after  collecting  the  ben- 
efit assessments  he  shall  forthwith  return  the  said  Commission- 
ers' proceedings  to  the  Comptroller. 

184.  The  City  Collector,  on  receiving  the  full  amount  of  the 
purchase  money  on  such  sale,  shall  execute  a  deed  of  convey- 
ance in  favor  of  the  purchaser  or  purchasers,  or  their  assign 
or  assigns,  which  deed  shall  convey  a  fee  simple  or  leasehold 
estate,  as  the  case  may  be,  in  and  to  such  property,  and  after 
deducting  the  costs  of  sales,  advertising  and  other  necessary 
expenses,  he  shall  pay  the  balance  of  such  purchase  money  to 
the  City,  which  shall  pay  over  the  said  balance,  after  deducting 
the  amount  assessed  on  said  property,  to  the  person  or  persons 
entitled  thereto,  on  demand,  without  interest 

185.  All  sums  of  money  assessed  by  the  Commissioners 
aforesaid,  upon  property  deemed  by  them  to  be  benefited,  shall 
be  and  continue  liens  on  each  several  piece  of  property  so 
assessed,  to  the  amount  of  its  particular  assessment,  until  the 
same  shall  be  paid  to  the  City;  but  no  part  of  any  street,  square, 
lane  or  alley  shall  be  opened  on  or  over  the  ground  of  any  per- 
son or  persons,  or  corporation,  adjudged  by  the  Commissioners 
to  be  entitled  to  damages  for  said  opening,  without  the  con- 
sent, in  writing,  of  the  person  or  corporation  so  entitled,  until 
such  damages  shall  be  paid,  or  the  amount  thereof  invested  in 
the  City  stock,  for  the  use  of  each  person  or  corporation  entitled 
to  any  part  of  the  compensation  for  such  damages,  to  the 
amount  of  his,  her  or  their  respective  right  and  interest  therein, 
of  which  investment  the  City  Register's  certificate,  under  the 
corporate  seal  of  the  City,  shall  be  competent  proof. 

186.  Any  person  or  persons  not  claiming  title  to  any  lot  or 
piece  of  property  upon  which  any  sums  shall  be  assessed,  as 
aforesaid,  may  pay  the  amount  of  the  sum  so  assessed,  within 
the  time  limited,  to  the  City  Register,  and  obtain  his  certificate 


Ill 

of  having  paid  such  sum  without  claiming  title  to  the  property  ; 
and  such  payment  shall  vest  in  the  person  or  persons  paying 
his,  her  or  their  heirs,  the  lien  on  such  lot  or  property  men- 
tioned in  this  Article. 


If  it  should  so  happen  that  any  one  or  more  of  said 
Commissioners  should  be  interested  in  any  particular  case,  the 
Mayor  shall  make  a  temporary  appointment  of  a  Commissioner 
or  Commissioners,  to  act  in  the  place  and  stead  of  such  inter- 
ested Commissioner  or  Commissioners,  who  shall  take  the  oath 
or  affirmation,  as  the  case  may  be,  and  in  all  respects  conduct 
himself  and  have  all  the  powers  as  the  other  Commissioners 
who  are  appointed  by  the  Mayor. 

188.  Whenever  any  lot,  or  part  of  a  lot,  or  parcel  of  ground 
may  be  taken  and  included  within  the  lines  of  any  street,  lane  or 
alley,  or  part  thereof,  and  damages  assessed  therefor,  and  there 
shall  be  an  outstanding  unexpired  term  of  years  therein,  the 
said  Commissioners  shall   discriminate  in  their  proceedings 
between  the  value  of  fee  simple  or  ground  rent  interest,  and  the 
leasehold  interest. 

189.  Whenever  any  obstruction  shall  have  remained  in  any 
street,  lane  or  alley,  or  part  thereof  so  opened,  for  the  space  of 
sixty  days  after  the  proceedings  of  the  said  Commissioners 
shall  have  been  returned  to  the  City  Register,  it  shall  be  the 
duty  of  said  Commissioners  to  cause  the  same  to  be  removed,. 
and  to  draw  on  the  Register  for  the  expense  so  incurred,  which 
shall  be  paid  by  him,  and  the  Mayor  shall  forthwith  cause  a 
suit  for  the  recovery  of  said  expenses  to  be  instituted  against 
the  person  or  persons  by  whose  default  the  said  obstruction  has 
been  suffered  to  remain,  and  the  same,  when  recovered,  shall 
be  paid  to  the  Register  for  the  use  of  the  City. 

190.  In  each  case  of  laying  out,  opening,  extending,  widen- 
ing, straightening  or  closing  up,  in  whole  or  in  part,  any  street, 
square,  lane  or  alley,  under  the  provisions  of  this  Article,  the 
said  Commissioners  shall,  for  each  and  every  day  in  which  they 
and  their  Clerk  shall  be  actually  engaged  in  the  performance 
of  their  duties,  assess,  as  part  of  the  expenses  of  their  proceed- 


112 

mgs,  a  per  diein  as  to  each  of  said  Commissioners  and  their 
Clerk,  of  four  dollars,  to  be  collected  as  other  expenses  are,  and 
to  be  paid  to  the  Register  for  the  use  of  the  City. 

191.  When   the  proceedings   of   the    Commissioners   for 
Opening  Streets  in  any  case  are  transferred  by  the  City  Regis- 
ter to  the  City  Collector,  the  City  Register  is  authorized  and  re- 
quired to  pay  all  the  expenses  incurred  by  the  Commissioners 
under  the  said  proceedings.     But  such  expenses  shall  not  re- 
main unpaid  more  than  six  months  after  the  completion  of  any 
services  performed  under  said  ordinance;  and  the  Comptroller 
and  Register  are  directed  to  pay,  within  six  months  after  the 
services  have  been  completed,  any  such  expenses,  upon  present- 
ation of  the  proper  vouchers  or  certificates  from  the  Commis- 
sioners for  Opening  Streets. 

192.  The  Commissioners  for  Opening  Streets,  so  soon  as 
they  shall  have  completed  their  work  on  each  street,  shall  de- 
posit all  papers  and  books  relating  thereto  in  the  office  of  the 
City  Register.     The  said  Commissioners  shall  perform  such 
other  duties  as  may  be  required  of  them  by  ordinances  not  in- 
consistent with  this  Article. 

193.  Whenever  the  owner  or  owners  of  the  bed  of  any  of  the 
streets,    lanes   or   alleys   of   the    City,   as   laid   out   on    Pop- 
pleton's  plat,   or   on   such   plat  as  the   City  may  adopt,   for 
the  territory  annexed  under  the  Act  of  1888,  Chapter  98,  shall 
offer  to  convey  the  same  to  the  City,  it  shall  be  the  duty  of  the 
Mayor  to  obtain  the  opinion  of  the  City  Solicitor  in  relation  to 
the  title  to  the  property  and  the  legality  of  the  deed  or  deeds, 
and,  if  in  the  opinion  of  the  Mayor,  it  will  be  right  and  proper, 
and  the  public  good  will  result  therefrom,  he  is  hereby  author- 
ized to  receive,  in  the  name  of  the  Mayor  and  City  Council  of 
Baltimore,  any  deed  or  deeds  so  offered  to  the  City;  provided, 
that  no  deed  shall  be  for  less  than  one  whole  square,  and  that 
the  City  shall  not  incur  any  expense  in  receiving  the  same;  and 
that  a  plat  setting  forth  the  location,  together  with  the  sur- 
rounding property,  to  the  extent  of  two  hundred  feet,  shall  ac- 
company said  deed. 


113 

194.  Whenever  any  street,  lane  or  alley,  or  part  thereof, 
shall  be  conveyed  to  the  City,  as  provided  in  the  preceding  sec- 
tion, the  same  shall  be  a  public  highway,  subject  to  all  ordi- 
nances and  resolutions  relating  to  streets,  lanes  and  alleys  in 
the  City  of  Baltimore. 

195.  The  Mayor  and  City  Council  of  Baltimore  will  not 
entertain  any  petition  for  or  remonstrance  against  the  opening, 
widening,  straightening  or  closing  of  any  street,  lane  or  alley 
in  the  City  of  Baltimore,  unless  the  signers  of  such  petition  or 
remonstrance  shall  state  the  location  of  the  property  they  rep- 
resent, together  with  the  nurqber  of  front  feet  of  the  same. 

Division  Embracing  Municipal  Officers  not  Included  in  any  Depart- 
ment. 

196.  City   Librarian. — There   shall   be   an   official   of   the 
Mayor  and  City  Council  of  Baltimore,  to  be  known  as  the  City 
Librarian.     He  shall  be  appointed  by  the  Mayor  in  the  man- 
ner prescribed  in  section  25  of  this  Article  and  hold  his  office 

as  therein  provided.  The  said  Librarian  shall,  under  the  super- 
vision and  direction  of  the  City  Register,  take  under  his  charge 
-and  keeping  all  the  books  and  documents  of  every  description, 
and  the  archives,  records,  papers  and  proceedings  of  the  Mayor 
and  City  Council  of  Baltimore,  except  as  is  otherwise  herein 
provided,  now  in  the  possession  of  other  municipal  officers, 
entrusted  with  them  by  the  City,  or  which  may  hereafter  come 
into  the  possession  of  the  City,  and  also  all  the  ordinances,  reso- 
lutions, and  proceedings  of  the  City  Council  after  each  and 
every  session  thereof;  and  he  shall  arrange  and  classify,  so  as  to 
be  easily  found  when  needed,  all  the  books,  documents,  records, 
papers,  ordinances  and  resolutions,  and  proceedings  hereby 
placed  and  hereafter  to  come  under  his  charge  and  keeping;  and 
he  shall  furthermore  carefully  collect  and  arrange  and  safely 
keep  a  complete  series  of  ordinances  and  resolutions  and  pro- 
ceedings of  the  Mayor  and  City  Council  of  Baltimore,  and  all 
-other  books,  papers  and  memorials  relating  to  Baltimore,  from 
its  beginning  as  a  town  to  the  present  time,  and  this  shall  con- 
tinue to  be  one  of  his  regular  duties,  and  he  shall  not  permit  any 
book  or  books,  or  documents  of  said  series  to  be  taken  or 


114 

removed  by  any  one  from  the  City  Library,  and  he  shall  permit 
no  other  book,  document,  record  or  paper  of  any  sort  to  be 
taken  from  the  City  Library,  except  by  City  officers,  and  then, 
only  on  a  written  receipt  from  such  City  officer  or  officers  for  the 
same,  which  receipt  shall  be  written  in  a  book  to  be  kept  for  that 
purpose,  and  shall  be  duly  cancelled  on  the  return  of  the  book, 
documents,  records  or  papers  so  borrowed  ;  and  he  shall  see 
that  no  books,  documents,  records  or  papers  of  any  sort  be  lost 
or  mislaid  by  said  City  officers;  he  shall  also  carefully  prepare 
and  keep  an  index  for  that  purpose  of  all  the  books,  documents, 
records  and  papers  of  said  library.  Room  shall  be  provided  in 
the  City  Hall,  and  properly  furnished  for  the  reception  and 
custody  of  said  library.  The  salary  of  the  City  Librarian  shall 
be  one  thousand  five  hundred  dollars  per  annum,  payable 
monthly  ;  and  he  shall  give  a  good  and  sufficient  bond,  to  be 
approved  as  authorized  by  this  Article,  in  the  sum  of  five  thou- 
sand dollars,  for  the  faithful  performance  of  his  duties  in  the 
premises. 

197.  Each  of  the  departments,  sub-departments,  municipal 
officers  not  embraced  in  a  department,  and  special  commis- 
sions or  boards  of  the  Mayor  and  City  Council  of  Baltimore 
shall,  on  or  before  the  first  day  of  December  in  every  year, 
furnish  to  the  City  Librarian  a  schedule  of  all  stationery  and 
printed  matter,  which  may  be  required  for  the  use  of  such  de- 
partments, sub-departments,  municipal  officers  and  commis- 
sions or  boards  for  the  year  commencing  on  the  first  day  of 
January  thereafter.  It  shall  be  the  duty  of  the  City  Librarian 
twenty  days  prior  to  the  first  day  of  January  in  each  year,  to 
advertise  for  proposals  for  furnishing  all  such  stationery  and 
printed  matter  as  may  be  required  by  the  respective  depart- 
ments, sub-departments,  municipal  officers  and  commissions 
or  boards  of  the  City,  except  stationery  for  the  public  schools, 
for  the  ensuing  fiscal  year.  No  proposals  shall  be  received  from 
any  but  those  actually  engaged  in  the  printing  and  stationery 
business  in  Baltimore;  such  proposals,  when  received,  shall  be 
opened,  and  the  contracts  awarded  in  the  manner  now  or  which 
may  hereafter  be  prescribed  by  ordinance;  the  right  to  reject 
any  bid  that  shall  not  be  deemed  for  the  best  interest  of  the  City 
is  hereby  reserved.  All  contracts  which  may  be  awarded  in  pur- 


115 

suance  of  the  provisions  of  this  section  shall  contain  a  clause 
stipulating  that  any  stationery  or  printed  matter  which  may  be 
required  for  the  use  of  any  department,  municipal  officers  and 
commissions  or  boards  aforesaid  of  the  City,  over  and  above 
the  quantity  specially  designated  in  said  contracts,  shall  be  fur- 
nished by  the  contractors  at  the  same  rate  charged  for  articles 
which  are  specifically  mentioned  in  said  contracts,  and  if  any 
supplies  are  required  which  are  not  mentioned  in  said  contract 
they  shall  be  furnished  at  the  lowest  market  rates.  It  shall  be 
the  further  duty  of  the  City  Librarian  to  furnish  to  each  of  the 
departments  of  the  City,  sub-departments,  municipal  officers 
not  embraced  in  a  department  and  special  commissions  or 
boards,  from  time  to  time,  upon  the  requisition  of  the  heads  of 
said  departments,  sub-departments,  municipal  officers  and 
commissions  or  boards,  the  stationery  and  printed  matter, 
except  stationery  for  the  public  schools,  which  may  be  neces- 
sary for  the  use  of  said  departments,  sub-departments,  munici- 
pal officers  not  embraced  in  a  department  and  special  commis- 
sions or  boards,  and  to  keep  an  accurate  account  of  all  supplies 
which  may  be  so  furnished  ;  and  he  shall  annually  report  to 
the  City  Council  of  Baltimore  the  quantity  of  stationery  and 
printed  matter  which  he  shall  have  furnished  to  the  respective 
departments,  sub-departments,  municipal  officers  and  commis- 
sions or  boards  during  the  preceding  fiscal  year,  and  the 
expense  of  the  same. 

• 

198.  The  City  Librarian  is  hereby  authorized  and  directed 
to  appoint  two  Assistants,  to  be  known  as  First  Assistant 
Librarian  and  Second  Assistant  Librarian,  who  shall  perform 
such  duties  as  the  Librarian  shall  from  time  to  time  prescribe 
and  direct,  and  for  whose  acts  the  Librarian  shall  be  held 
responsible.  The  First  Assistant  shall  give  such  bond  as  pro- 
vided by  ordinance  and  approved  by  the  Mayor.  In  the  event 
of  the  necessary  absence  of  the  Librarian,  from  sickness  or  other 
cause,  the  First  Assistant,  with  the  approbation  of  the  Mayor, 
shall  have  full  power  and  authority  to  perform  all  the  duties  of 
the  Librarian.  The  salary  of  the  First  Assistant  Librarian 
shall  be  nine  hundred  dollars  per  annum,  payable  monthly, 
and  the  salary  of  the  Second  Assistant  shall  be  seven  hundred 
and  fifty  dollars  per  annum,  payable  monthly. 


116 

199.  There  shall  be  opened,  under  the  direction  of  the  City 
Librarian,  a  set  of  books  in  which  shall  be  entered  all  requisi- 
tions made  upon  the  City  Librarian  from  the  different  depart- 
ments, sub-departments,  municipal  officers  and  commissions 
or   boards   of   the   Mayor   and    City    Council   of   Baltimore, 
from  time  to   time,   and   each   department,   sub-department, 
municipal  officer  and  commission  or  board  shall  be  charged 
with   all   books,   stationery   and   printed   matter   it   may   re- 
ceive from  said  Librarian;  there  shall  be  kept  a  record  of 
all  bids  received  for  books,  stationery  and  printed  matter  and 
of  the  acceptance  or  rejection  thereof.     The  City  Librarian 
shall  permit  no  bid  once  filed  in  his  office  to  be  withdrawn 
therefrom.    There  shall  be  copied  and  filed  away  all  contracts 
made  or  entered  into  between  bidders  and  the  City  Librarian  ; 
and  there  shall  be  annually  prepared  a  general  statement  of  all 
the  transactions  of  the  City  Librarian's  office,  and  presented  to 
the  City  Council. 

200.  The  City  Library  shall  be  kept  open  daily  from  9 
A.  M.  to  4  P.  M.,  and  during  the  sessions  of  the  City  Council 
and  at  such  other  times  as  may  be  necessary  or  may  be  pre- 
scribed by  ordinance,  with  the  Librarian  or  his  Assistants  in 
attendance. 


Art  Commission.  —  There  shall  be  an  Art  Commission, 
to  consist  of  the  Mayor  of  the  City  of  Baltimore  and  seven 
others,  to  be  named  by  the  following  institutions,  and  appointed 
by  the  Mayor  in  the  manner  prescribed  by  section  25  of  this 
Article,  and  hold  their  offices  as  therein  provided:  One  shall 
be  named  by  the  Maryland  Historical  Society,  one  by  the 
Johns  Hopkins  University,  one  by  the  Peabody  Institute,  one 
by  the  Maryland  Institute  for  the  Promotion  of  the  Mechanic 
Arts,  one  by  the  Architectural  Club  of  Baltimore,  one  by  the 
Board  of  Park  Commissioners,  and  one  by  the  Charcoal  Club; 
the  members  of  the  Commission  shall  serve  without  pay.  If 
any  of  said  institutions  shall  fail  to  name  a  Commissioner  for 
thirty  days  after  having  been  requested  in  writing  by  the  Mayor 
so  to  do,  the  Mayor  shall  name  such  Commissioner. 


117 

202.  No  statue,  ornamental  fountain,  arch    or    gateway, 
monument  or  memorial  of  any  kind  shall  be  erected,  nor  any 
change  made  in  those  already  erected  in  any  public  street, 
avenue,  square,  place,  park  or  municipal  building  in  the  City 
of  Baltimore  unless  the  design  and  site  or  proposed  change 
for  the  same  shall  have  been  submitted  to  the  Commission  and 
approved  by  a  majority  thereof,  and  its  report  shall  have  been 
made  to  the  City  Council;  said  report  shall  be  made  within 
thirty  days  from  the  time  when  the  design  and  site  or  proposed 
change  as  above  specified  shall  have  been  submitted  to  the 
Commission  for  its  approval. 

203.  The  Commission  shall,  at  the  request  of  the  Mayor,  or 
the  City  Council,  give  its  advice  as  to  the  suitability  of  the  de- 
sign for  any  public  building,  bridge  or  other  structure,  and  shall 
report  thereon  in  writing  to  the  City  Council.     All  vacancies  in 
said  Commission  shall  be  filled  by  the  Mayor  from  those  named 
by  the  institutions  as  herein  provided;  and  in  case  any  of  said 
institutions  fail  for  thirty  days,  after  receiving  the  request  of 
the  Mayor,  to  name  a  person  to  fill  the  said  vacancy,  the 
Mayor  shall  fill  it  with  a  person  of  his  own  selection. 


Superintendent  of  Lamps  and  Lighting.  —  There  shall 
be  a  Superintendent  of  Lamps  and  Lighting,  who  shall  be  ap- 
pointed by  the  Mayor  in  the  manner  prescribed  in  section  25 
of  this  Article,  and  hold  his  office  as  therein  provided.  He  shall 
have  under  his  charge  and  supervision  the  lighting  of  the  City 
of  Baltimore,  and  shall  perform  the  duties  now  performed  by 
the  General  Superintendent  of  Lamps  and  Inspector  and  Sealer 
of  Gas  Meters,  and  such  other  duties  as  may  be  prescribed  by 
ordinances,  not  inconsistent  with  this  Article.  He  shall  have 
power  to  appoint  an  assistant,  who  shall  perform  all  the  duties 
now  performed  by  the  Inspector  of  Illuminating  Gas  and 
Oils.  The  Superintendent  of  Lamps  and  Lighting  shall  have 
the  power  to  appoint  such  number  of  district  superintendents 
of  lamplighters  as  the  requirements  .of  the  City  may  demand 
and  as  are  necessary  to  properly  care  for  the  lamps  and  lighting 
of  the  City,  and  fix  their  compensation,  not  to  exceed  in  the 
aggregate  the  amount  appropriated  by  ordinance.  He  shall 
have  power  to  appoint  such  clerks  and  employees  as  may  be 


118 

necessary  to  properly  conduct  his  office,  and  as  the  annual 
appropriations  of  the  City  for  his  use  in  the  discharge  of  his 
duties  may  warrant.  The  compensation  of  the  Superintendent 
of  Lamps  and  Lighting  shall  be  two  thousand  dollars  per 
annum,  payable  monthly,  and  his  assistants  and  the  clerks  and 
employees  under  him  shall  be  paid  such  fixed  salaries  as  may  be 
prescribed  by  ordinance,  and  not  in  fees ;  all  fines  and  inspection 
fees  shall  be  paid  to  the  Comptroller. 

205.  Surveyor. — There  shall  be  a  Surveyor,  to  be  elected 
on  the  Tuesday  next  after  the  first  Monday  of  November  in  the 
year  eighteen  hundred  and  ninety-nine,  and  on  the  same  day  in 
every  second  year  thereafter,  and  whose  term  of  office  shall 
commence  on  the  first  Monday  in  January  next  ensuing  after 
his  election;  his  duties  and  compensation  shall  be  prescribed  by 
the  ordinances  of  the  Mayor  and  City  Council  of  Baltimore. 
Any  vacancy  in  the  office  of  Surveyor  shall  be  filled  by  the 
Mayor  and  City  Council  of  Baltimore  for  the  residue  of  the 
term. 

206.  Constables. — There  shall  be  two  Constables  for  every 
ward  of  the  City  of  Baltimore,  who  shall  be  appointed  by  the 
Mayor  and  City  Council  of  Baltimore,  and  hold  their  offices  for 
two  years.     Their  duties  and  compensation  shall  be  the  same 
as  are  now,  or  may  hereafter  be  prescribed  by  law  or  ordinances. 

207.  Superintendent  of  Public  Buildings.— There  shall  be  a 
Superintendent  of  Public  Buildings,  who  shall  be  appointed  by 
the  Mayor  in  the  manner  prescribed  in  section  25  of  this  Arti- 
cle, and  hold  his  office  as  therein  provided.     The  said  Super- 
intendent of  Public  Buildings  shall  provide  for  the  watching, 
cleaning  and  heating,  and  shall  have  charge  of,  the  City  Hall 
and  the  buildings  and  offices  in  which  the  different  Courts  of 
the  City  may  be  held  and  in  which  their  records  may  be  kept. 
He  shall  receive  a  salary -of  one  thousand  five  hundred  dollars 
per  annum,  payable  monthly,  and  perform  such  other  duties  as 
may  be  provided  by  ordinances,  not  inconsistent  with  this 
Article.     He  shall  employ  such  assistants  and  employees,  and 
at  such  compensation  as  may  be  fixed  by  ordinance. 


119 

208-  Public  Printer.— There  shall  be  a  Public  Printer,  who 
-.shall  be  elected  on  the  second  Monday  of  June,  in  the  year 
•eighteen  hundred  and  ninety-nine,  and  on  the  same  day  and 
month  in  every  second  year  thereafter,  by  a  convention  of  both 
Branches  of  the  City  Council.  The  Public  Printer  shall  be  a 
reputable  person,  firm  or  corporation,  who  shall  be  bona  fide 
engaged  in  the  printing  business  in  the  City  of  Baltimore,  to 
execute  the  printing  required  by  both  Branches  of  the  City 
Council,  who  shall  perform  the  duties  required  of  him,  them 
or  it  by  ordinances  not  inconsistent  with  this  Article,  and  who 
shall,  before  he,  they  or  it  enter  upon  the  discharge  of  his, 
their  or  its  duties  as  such,  execute  a  bond  to  the  Mayor  and 
City  Council  of  Baltimore,  in  the  penal  sum  of  five  thousand 
dollars,  with  the  condition  that  he,  they  or  it  will  faithfully  dis- 
charge the  several  duties  incumbent  upon  him,  them  or  it, 
which  bond  shall  be  deposited  in  such  place  as  the  Mayor  may 
select  for  depositing  papers  of  this  kind,  and  be  delivered  by 
ihim  to  his  successor  in  office. 

LEGISLATIVE    DEPARTMENT. 

209.  The  Legislative  Department  of  the  Mayor  and  City 
Council  of  Baltimore  shall  "be  vested  in  the   City   Council, 
which  shall  consist  of  two  Branches,  one  of  which  shall  be  the 
First  Branch  and  the  other  the  Second  Branch. 

210.  The  First  Branch  shall  consist  of  one  member  from 
each  ward  of  the  City,  who  shall  be  a  citizen  of  the  United 
States,  above  the  age  of  twenty-one  years,  a  resident  of  the  City 
three  years  preceding  his  election,  and  for  the  same  time  a  resi- 
dent of  the  ward  for  which  he  is  elected,  and  assessed  with  prop- 

•erty  to  the  amount  of  three  hundred  dollars,  who  has  paid  taxes 
on  the  same  one  year  prior  to  his  election,  and  shall  hold  his 
•office  for  two  years.  Each  member  of  the  First  Branch  shall 
be  paid  a  salary  of  one  thousand  dollars  per  annum,  payable 
monthly. 

21  *•  The  Second  Branch  shall  consist  of  nine  members, 
one  of  whom  shall  be  the  President  thereof,  and  shall  possess 
the  qualification  and  be  elected  as  hereinafter  provided.  The 
other  eight  members  shall  be  elected  from  the  City  of  Balti- 


120 

more  at  large,  until  the  Mayor  and  City  Council  of  Baltimore 
shall  divide  the  City  of  Baltimore  into  four  Councilmanic  Dis- 
tricts, to  be  known  as  the  first,  second,  third  and  fourth  Coun- 
cilmanic Districts,  which  shall  each  contain  as  near  as  possible 
one-fourth  of  the  population  of  the  City  of  Baltimore,  and  shall 
each  be  composed  of  six  contiguous  wards,  according  to  their 
numerical  order,  beginning  with  the  first  ward.  After  said 
division,  then  two  members  of  the  Second  Branch  shall  be 
elected  from  each  of  said  Districts.  The  members  of  the  Sec- 
ond Branch,  excepting  the  President  thereof,  shall  be  citizens 
of  the  United  States  above  the  age  of  twenty-five  years,  resi- 
dents of  the  City  of  Baltimore  four  years  prior  to  their  election, 
each  of  whom  has  been  assessed  with  property  in  the  said  City 
in  the  sum  of  five  hundred  dollars,  and  who  has  paid  taxes  on 
the  same  for  two  years  prior  to  his  election,  and  said  members 
of  the  Second  Branch  shall  hold  their  offices  for  four  years, 
except  as  provided  in  section  213  of  this  Article,  and  each  of 
them  shall  be  paid  a  salary  of  one  thousand  dollars  per  annum, 
payable  monthly,  provided,  that  the  members  of  the  Second 
Branch  of  the  City  Council  in  office  upon  the  date  of  the  pas- 
sage of  this  Article  shall  receive  such  compensation  as  they 
would  have  been  entitled  to  receive  if  they  had  served  out  the 
full  term  for  which  they  were  elected. 

212.  The  election  for  members  of  the  First  Branch  shall  be 
held  on  the  Tuesday  next  after  the  first  Monday  in  May,  in  the 
year  eighteen  hundred  and  ninety-nine,  and  upon  every  second 
year  thereafter.     Said  election  shall  be  held  by  wards,  and  no 
person  shall  be  entitled  to  vote  for  any  member  of  the  First 
Branch  except  for  the  member  for  the  ward  of  which  the  voter 
is  a  resident.     The  members  of  said  Branch  now  in  office  shall 
hold  office  until  their  successors  have  been  elected  under  the 
provisions  of  this  Article,  and  have  duly  qualified. 

213.  The  election  for  the  said  eight  members  of  the  Second 
Branch  shall  be  held  on  the  Tuesday  next  after  the  first  Monday 
in  May,  in  the  year  eighteen  hundred  and  ninety-nine.     Their 
terms  of  office  shall  be  for  four  years,  except  that  the  members 
of  the  Second  Branch  first  elected  shall  determine  by  lot  their 
terms  of  office,  so  as  to  provide  for  the  retirement  of  one-half  of 


121 

the  said  members  of  the  Second  Branch  at  the  end  of  the  first 
two  years.  On  the  Tuesday  next  after  the  first  Monday  in 
May,  in  the  year  nineteen  hundred  and  one,  and  in  every  second 
year  thereafter,  an  election  shall  be  held  for  four  members  of 
said  Branch  to  fill  the  places  of  the  members  then  retiring. 

214.  There  shall  be  elected  on  the  Tuesday  next  after  the 
first  Monday  in  May,  in  the  year  eighteen  hundred  and  ninety- 
nine,  and  upon  every  fourth  year  thereafter,  from  the  City  at 
large,  a  person  to  be  the  President  of  the  Second  Branch  of  the 
City  Council,  who  shall  possess  the  qualifications  required  and 
hereinbefore  defined,  of  the  Mayor  of  the  City  of  Baltimore. 
His  duty  shall  be  to  preside  over  the  Second  Branch  of  the  City 
Council,  and  vote  on  all  questions,  and  perform  such  other 
duties  as  may  be  prescribed  by  ordinances  not  inconsistent 
with  this  Article.     He  shall  be  paid  a  salary  of  three  thousand 
dollars  per  annum,  payable  monthly.     A  joint  convention  of 
the  two  Branches  of  the  City  Council,  by  a  majority  vote  of 
all  the  members  elected  to  the  City  Council,  may  remove  from 
office  the  President  of  the  Second  Branch  for  incompetency, 
wilful  neglect  of  duty  or  misdemeanor  in  office,  upon  charges 
preferred  by  the  Mayor,  and  after  notice  of  such  charges  is 
given  to  the  President  of  the  Second  Branch,  and  an  oppor- 
tunity afforded  him  to  be  heard. 

215.  The  qualifications  of  electors  of  members  of  the  City 
Council  shall  be  the  same  as  those  of  electors  of  the  Mayor. 
All  vacancies  in  the  First  Branch  shall  be  filled  without  delay 
by  the  First  Branch  from  the  ward  in  which  the  said  vacancy 
occurs,  by  an  election  of  a  person  possessing  the  qualifications 
hereinbefore  prescribed,  to  fill  the  unexpired  term  of  the  former 
incumbent.     If  a  vacancy  occurs  in  the  Second  Branch,  then 
said  Branch  shall  forthwith  fill  said  vacancy  by  the  election  of 
a  person  possessing  the  qualifications  hereinbefore  prescribed 
from  the  City  at  large  or  from  the  proper  Councilmanic  District,, 
if  there  be  such  District  at  that  time. 

216.  The  CHy  Council  shall  meet  on  the  Thursday  next  after 
the  third  Monday  in  May,  in  the  year  eighteen  hundred  and 
ninety-nine,  and  upon  the  same  day  in  each  year  thereafter,  and 


122 

may  continue  in  session  for  one  hundred  and  twenty  days,  and 
no  longer,  in  each  year;  provided,  that  they  may,  by  ordinance 
or  resolution,  so  arrange  their  sittings  that  the  same  may  be 
held  continuously  or  otherwise;  and  provided  further,  that  the 
Mayor  may  convene  the  City  Council  in  extra  session,  as  he 
may  now  do  by  the  fourth  section  of  the  eleventh  Article  of  the 
State  Constitution. 


Each  Branch  of  the  City  Council  may  compel  the  at- 
tendance of  absent  members,  in  such  manner  and  under  such 
penalties  as  it  may  by  ordinance  provide.  The  First  Branch 
shall  appoint  its  own  President,  who  shall  preside  at  all  its  ses- 
sions, and  shall  vote  on  all  questions,  and  in  case  of  the  ab- 
sence, sickness  or  other  disqualification  of  the  Mayor  and  the 
President  of  the  Second  Branch,  shall  perform  all  the  duties  of 
the  office  of  Mayor  during  the  period  in  which  the  sickness, 
absence  or  disqualification  of  said  officer  shall  continue.  Each 
Branch  of  the  City  Council  shall  judge  of  the  election  and  quali- 
fications of  its  own  members,  subject  to  appeal  by  petition  of  the 
party  aggrieved  to  the  Baltimore  City  Court.  With  the  con- 
currence of  three-fourths  of  the  whole  members  of  either 
Branch,  it  may  expel  any  member  for  disorderly  behavior  or 
misconduct  in  office,  but  not  a  second  time  for  the  same  offense. 
Each  Branch  shall  adopt  its  own  rules  of  procedure,  not  incon- 
sistent with  this  Article,  appoint  its  own  officers,  regulate  their 
respective  compensation  not  to  exceed  in  the  aggregate  the 
amount  appropriated  by  the  ordinance  of  estimates,  and  re- 
move them  at  pleasure.  Each  Branch  shall  keep  a  journal  of 
its  proceedings,  and  enter  the  yeas  and  nays  on  any  question, 
resolution  or  ordinance,  at  the  request  of  any  member,  and  the 
deliberations  of  both  Branches  shall  be  public. 

218.  The  Mayor  and  City  Council  of  Baltimore  shall  have 
power  to  pass  all  ordinances  necessary  to  give  effect  and  opera- 
tion to  all  powers  vested  in  the  corporation  of  the  City  of  Balti- 
more. 

219.  Ordinances  and  resolutions  of  the  Mayor  and  City 
Council  of  Baltimore  may  be  read  in  evidence  from  the  printed 
volumes  thereof  published  by  authority  of  said  corporation. 


123 

220.  The  style  of  all  ordinances  shall  be:  "Be  it  ordained 
by  the  Mayor  and  City  Council  of  Baltimore." 

221.  Every  legislative  act  of  the  Mayor  and  City  Council  of 
Baltimore  shall  be  by  ordinance  or  resolution.    No  ordinance 
or  resolution  shall  be  passed  except  by  the  vote  of  a  majority  of 
all  the  members  elected  to  each  Branch,  and  on  its  final  pas- 
sage the  vote  shall  be  taken  by  yeas  and  nays,  the  names  of 
members  voting  for  and  against  the  same  being  entered  on  the 
journal.     Every  ordinance  enacted  by  the  City  shall  embrace 
but  one  subject,  which  shall  be  described  in  its  title,  and  no 
ordinance  shall  be  revived,  amended  or  re-enacted  by  mere 
reference  to  its  title,  but  the  same  shall  be  set  forth  at  length, 
as  in  the  original  ordinance.     And  no  ordinance  shall  become 
effective  until  it  be  read  on  three  different  days  of  the  session  in 
each  Branch,  unless  all  the  members  elected  to  the  Branch 
where  such  ordinance  is  pending  shall  so  determine  by  yeas  and 
nays,  to  be  recorded  on  the  Journal,  and  no  ordinance  shall  be 
read  a  third  time  until  it  shall  have  been  actually  engrossed  for 
a  third  reading. 

222.  in  case  it  becomes  necessary  for  the  President  of  the 
Second  Branch  to  fill  the  unexpired  term  of  the  Mayor,  as 
herein  provided,  the  Second  Branch  shall  thereupon  elect  a  new 
President  for  the  unexpired  term,  but  they  shall  not  elect  as 
such  President  one  of  their  own  number. 

MISCELLANEOUS   LOCAL   LAWS. 

ARBITRATION COURT  OF. 

223.  The  Board  of  Trade  shall  have  power  and  authority  to 
create  and  organize  within  itself  a  Court  of  Arbitration  for  the 
adjudication  and  settlement,  according  to  the  principles  of  law. 
equity  and  commercial  usage,  or  of  either,  applicable  thereto, 
of  any  and  all  controversies  concerning  or  growing  out  of  con- 
tracts of  sale,  manufacturing  or  letting  on  rent;  of  the  making 
or  negotiating  or  transfer  of  bills  of  exchange,  promissory  notes, 
bills  of  lading,  railroad,  warehouse  or  similar  receipts,  and 
other  such  commercial  paper;  of  guaranties,  of  agency,  of  bail- 
ment, of  partnership,  of  insurance,  of  affreightment,  or  of  any 


124 

other  transactions,  of  whatever  specific  class,  pertaining  to 
trade,  commerce,  navigation,  manufactures  or  mechanical 
arts,  or  business  connected  with  any  of  these,  or  contracts  for 
personal  work,  labor  and  service  done  or  rendered,  or  to  be 
done  or  rendered,  in  and  about  the  pursuit  and  transactions  of 
trade,  commerce,  navigation,  manufactures  or  mechanical  arts, 
one  or  more  of  the  parties  to  which  controversies  is  or  are 
members  of  the  said  corporation,  in  all  cases  wherein  such 
controversy  is  by  the  consent  of  all  the  parties  thereto,  signi- 
fied by  a  submission  in  writing,  referred  for  adjudication  and 
settlement  to  said  court. 

224.  in  order  to  the  due  and  effective  execution  of  the 
power  in  the  next  preceding  section  granted,  the  said  corpora- 
tion shall  have  the  further  power,  either  directly  in  corporate 
meeting,  whether  the  regular  annual  meeting  or  a  special  meet- 
ing called  for  the  purpose  by  reasonable  notice  to  all  the  mem- 
bers, of  the  time,  place  and  object  thereof,  by  advertisement  in 
one  or  more  of  the  daily  newspapers  of  the  City  of  Baltimore,  or 
else  by  delegation,  in  such  meeting,  by  rule  or  otherwise,  made 
through  the  officers  and  directors,  constituting  the  Board  of 
Directors  or  management  of  said  corporation,  in  either  case 
by  the  concurring  votes  of  a  majority  of  the  members  of  said 
corporation  or  Board  of  Directors,  as  the  case  shall  be,  present 
at  such  meeting  of  the  one  or  the  other  for  the  purpose — pro- 
vided there  be  then  and  there  a  quorum  present,  as  constituted 
by  the  Constitution,  Articles  of  Association  or  By-laws  of  the 
said  corporation  or  Board  of  Directors — from  time  to  time  to 
elect  from  among  those  persons  who  have  been,  or  before  any 
such  election  shall  have  been,  admitted  to  practice  law  in  this 
State,  one  learned  in  the  law  and  possessing  such  other  qualifi- 
cations as  the  said  corporation  shall,  by  rule  or  regulation,  as 
hereinafter  empowered,  prescribe,  whether  such  person  be  a 
member  of  said  corporation  or  not,  unless  otherwise  provided 
by  such  rule  or  regulation,  as  Judge  of  the  said  Court  of  Arbitra- 
tion, and  also  to  elect  in  like  manner,  or  to  provide  for  the  elec- 
tion or  appointment  of  a  Clerk  of  the  said  court;  and  shall  have 
power  also,  by  rules  and  regulations  duly  adopted  by  the  said 
corporation  in  such  corporate  meeting  as  aforesaid,  or  by  the 
delegation  of  said  corporation  in  such  meeting  made  by  its 


125 

said  Board  of  Directors,  to  define  the  duties,  powers  and  func- 
tions of  the  said  Judge  and  of  the  said  Clerk,  and  of  any  other 
members  or  officers  of  the  said  Court  of  Arbitration  provided 
for  as  hereinafter  is  authorized,  and  to  determine  the  jurisdic- 
tion of  the  said  Judge,  original  and  appellate,  whether  sitting 
alone  or  with  laymen,  members  of  the  said  corporation  associ- 
ated with  him,  and  to  fix  the  term  of  time  for  which  the  said 
Judge  and  the  said  Clerk,  respectively,  shall  be  elected,  and 
the  terms  and  conditions  upon  which  each  shall  hold  or  con- 
tinue to  hold  his  office,  and  the  amount  and  mode  of  the  com- 
pensation of  each,  not  to  be  diminished,  however,  during  the 
currency  of  a  term  of  office;  to  provide  for  the  appointment 
of  temporary  substitutes  for  the  said  Judge  and  the  said  Clerk, 
or  either,  when  from  any  cause  this  shall  be  necessary  for  the 
prompt  administration  of  the  justice  of  the  court,  and  also  for 
the  appointment  of  lay  arbitrators  as  members  of  the  said  cor- 
poration, for  the  hearing  and  determination  of  a  particular 
case,  either  in  the  first  instance  with  right  to  the  parties,  or 
either  of  them,  to  appeal  to  the  said  Judge,  or  as  assessors 
associated  with  the  said  Judge  when  parties  so  choose,  and  to 
define,  in  such  cases,  the  powers,  duties  and  authority  of  such 
lay  arbitrators  or  assessors;  and  also  prescribe  the  forms  and 
modes  of  application,  procedure,  pleading,  practice,  trial  and 
process  in  the  said  court,  in  all  the  necessary  details  thereof, 
and  the  effect  of  the  awards  and  judgments  or  decisions  of  the 
said  court,  as  to  the  finality  or  conclusiveness  or  otherwise 
thereof,  and  the  methods  and  means  of  securing  compliance 
therewith  by  the  parties;  and  also  to  regulate  the  costs  and 
fees  to  be  paid  by  the  parties  to  any  such  controversy  so  sub- 
mitted, and  the  amount  and  time  and  manner  of  payment 
thereof,  and  the  disposition  of  such  costs  and  fees;  provided, 
however,  that  no  such  rule  or  regulation  shall  be  valid  if  it  shall 
be  contrary  to  the  general  law  of  the  State,  or  to  natural  right 
or  sound  reason,  or  be  intended  to  provide  for  enforcing  pay- 
ment or  other  performance  of  the  award,  judgment  or  decision 
of  the  said  court  or  Board  of  Arbitration  by  any  final  process  of 
execution  otherwise  than  is  directed  in  the  succeeding  section. 

225.  When,  in  any  such  case  so  submitted  as  is  hereinbefore 
provided,  an  award,  judgment  or  decision  shall  have  been  ren- 
dered by  the  said  court  or  Board  of  Arbitration,  that  is,  accord- 


126 

ing  to  the  rules  and  regulations  hereinbefore  authorized,  final 
and  conclusive  upon  the  parties,  and  shall  have  been  recorded 
by  the  Clerk  of  the  said  Court  in  a  book  to  be  provided  and  kept 
for  the  purpose  within  a  time  limited  therefor  in  the  said  rules 
and  regulations,  the  successful  party  shall  have  the  right  to 
have  the  said  original  award,  judgment  or  decision  in  writing, 
signed  by  those  members  of  the  said  Court  or  Board  concur- 
ring therein,  and  duly  certified  by  the  Clerk  to  be  the  original 
award,  judgment  or  decision,  under  his  hand  and  seal  of  the 
corporation;  and  if  the  said  award,  judgment  or  decision,  shall 
be  for  the  recovery  by  the  one  party  and  payment  to  him  by  the 
other,  of  a  certain  sum  of  money,  the  said  successful  party  shall, 
upon  his  filing  the  said  award,  judgment  or  decision  so  certified, 
with  the  Clerk  of  the  Superior  Court  of  Baltimore  City,  or  at  his 
option  with  the  Clerk  of  the  Court  of  Common  Pleas  of  said 
City,  have  the  right  to  have  the  same  entered  by  its  proper  style, 
in  the  name  of  such  successful  party  as  plaintiff  against  the  los- 
ing party  as  defendant,  in  its  order  of  time,  upon  the  court  calen- 
dar or  docket  of  causes  to  be  called  at  the  next  succeeding  term 
or  rule  day  of  said  court,  whichever  shall  first  occur,  and  upon 
the  call  thereof  in  its  course,  to  have  judgment  at  once  ordered 
and  entered  up,  as  upon  a  verdict  for  the  recovery  of  the  same 
amount,  according  to  the  practice  of  said  court,  and  to  have 
process  of  execution  for  its  enforcement  and  satisfaction  in  all 
respects  as  if  the  said  amount  had  been  recovered  by  a  judgment 
of  the  said  court  in  a  regular  suit  between  the  same  parties  in  the 
same  relative  position  on  the  record,  there  instituted  and  prose- 
cuted in  the  ordinary  modes  of  proceeding  therein ;  but  if  the 
said  award,  judgment  or  decision  shall  be  for  the  recovery  by 
the  one  party,  and  the  surrender  or  delivery  by  the  other  to  him 
of  the  possession  of  specific  property,  the  said  successful  party, 
upon  filing  such  award,  judgment  or  decision,  so  certified  as 
aforesaid,  with  the  Clerk  of  the  Circuit  Court  of  Baltimore  City, 
or  such  other  court  therein  as  shall  at  the  time  have  jurisdic- 
tion there  of  causes  in  equity,  shall  have  the  right,  on  or  at  any 
time  after  the  first  day  of  the  next  succeeding  term,  or  on  or  at 
any  time  after  the  next  succeeding  rule  day  of  the  said  court, 
which  ever  shall  first  occur,  to  have,  upon  motion  therefor,  an 
order  made  by  the  said  court,  affirming  the  said  award,  judg- 
ment or  decision,  and  making  the  same  a  decree  of  the  said 


127 

court,  and  to  have  the  same  enforced,  if  the  recovery  be  of  the 
possession  of  land,  freehold  or  leasehold,  by  a  writ  in  the  nature 
of  a  writ  of  habere  facias  possessionem,  such  as  the  said  court  is 
authorized  to  issue  for  the  purpose  of  putting  a  purchaser  under 
its  decree  in  possession  of  the  land  purchased  by  him,  and  to  be 
executed  in  the  same  manner  and  by  the  same  officer  against 
such  losing  party  to  such  award,  judgment  or  decision,  and  any 
and  all  and  every  other  person  in  possession  of  said  land,  claim- 
ing the  same  by  virtue  of  a  title  derived  from,  through  or  under 
such  losing  party,  and  acquired  subsequently  to  the  date  of 
such  award,  judgment  or  decision,  which  said  writ  the  said  court 
is  authorized  and  empowered  to  issue  for  this  purpose  upon 
application  in  writing  of  such  successful  party  to  the  said  award,, 
judgment  or  decision,  in  person  or  by  attorney,  verified  by  the 
affidavit  of  himself  or  his  attorney,  unless  good  cause  to  the 
contrary  shall  be  shown  by  such  party  in  possession  within  not 
less  than  fifteen  nor  more  than  thirty  days  after  notice  in  writing 
of  such  application  served  upon  such  party  in  possession  in  per- 
son ;  and  if  the  recovery  be  of  the  possession  of  personal  chat- 
tels, by  such  process  of  execution  and  compulsion  as  in  the 
chancery  practice  of  this  State  is  usual  and  proper  for  the  en- 
forcement of  a  decree  for  the  specific  delivery  of  personal  chat- 
tels. 


ARBITRATION  COMMITTEE  OF  THE  CORN  AND  FLOUR  EXCHANGE. 

226.  The  Board  of  Directors  of  the  Corn  and  Flour  Ex- 
change shall  annually  elect  by  ballot  five  members  of  the  as- 
sociation, who  are  not  members  of  the  Board,  as  a  committee, 
to  be  known  as  the  Arbitration  Committee  of  the  Baltimore 
Corn  and  Flour  Exchange.  The  Board  of  Directors  may,  at 
any  time,  fill  any  vacancy  in  said  committee  for  the  remainder 
of  the  term  in  which  such  vacancy  may  happen.  The  duty  of 
the  Arbitration  Committee  shall  be  to  hear  and  decide  any 
controversies  which  may  arise  in  business  between  the  mem- 
bers of  said  organization  or  said  members  and  other  persons  as 
may  be  voluntarily  submitted  to  the  said  committee  for  arbi- 
tration; and  such  members  and  persons  may  by  an  instrument 


128 

in  writing,  signed  by  them  and  attested  by  a  subscribing  wit- 
ness, agree  to  submit  to  the  decision  of  said  committee  any 
such  controversy  so  arising  as  might  be  the  subject  of  an  ac- 
tion at  law  or  in  equity,  except  claims  of  title  to  real  estate. 

227.  The  mode  of  proceeding  of  said  Arbitration  Commit- 
tee shall  be  regulated  by  the  by-laws  of  the  corporation,  which 
shall  be  substantially  complied  with  in  all  cases,  without  preju- 
dice, however,  to  any  award  from  merely  formal  irregularity. 
The  said  committee  shall  have  power  to  apply  to  any  Justice 
of  the  Peace  for  the  City  of  Baltimore  to  issue  subpoenas  and 
other  compulsory  process  to  procure  the  attendance  of  wit- 
nesses before  it;  and  all  justices  so  applied  to  in  writing,  signed 
by  the  chairman  or  acting  chairman  of  said  committee,  shall 
issue  such  process  forthwith,  the  cost  of  the  same,  and  of  the 
attendance  of  the  witnesses  so  summoned,  to  be  the  same  as  in 
civil  suits  before  such  justices,  and  to  be  collectible  from  the 
parties  on  whose  behalf  the  said  witnesses  shall  be  summoned 
and  attend,  in  the  same  manner  and  by  the  same  means  as  if 
adjudged  to  be  paid  by  a  judgment  of  the  justice  who  shall  act 
in  the  premises  in  a  civil  suit  between  the  same  parties  depend- 
ing before  him.  A  majority  of  said  committee  may  act  in  all 
cases,  and  a  majority  of  such  majority  shall  have  power  to 
render  an  award  in  the  name  of  and  as  an  act  of  the  committee. 
No  dissenting  award  or  opinions  shall  be  rendered  or  placed 
among  the  proceedings,  or  upon  the  records  of  the  committee 
or  the  corporation;  the  award  of  the  committee  rendered  in 
conformity  herewith,  and  as  prescribed  by  the  by-laws,  shall 
be  conclusive  on  all  parties  to  the  submission.  It  shall  in  all 
cases  be  in  writing,  signed  by  the  members  of  the  committee 
who  agreed  upon  it,  and  filed  among  the  proceedings  of  the 
committee,  but  copies  shall  be  given  by  the  secretary,  with  his 
attestation  and  the  seal  of  the  corporation  attached,  to  the  re- 
spective parties,  as  soon  as  may  be  after  said  award  shall  have 
been  rendered. 

228-  If  the  parties  to  any  submission  shall  agree  to  do  so 
they  may  stipulate  as  part  of  said  submission,  in  writing,  that 
the  award  of  the  committee  rendered  in  conformity  herewith 
and  with  the  by-laws,  shall  stand  and  avail  as  against  them  to 


129 

the  same  effect  as  a  judgment  or  decree  of  a  court  of  competent 
jurisdiction,  in  which  case  either  party  desiring  and  entitled 
to  the  enforcement  of  said  award  may  file  a  copy  of  the  same 
and  of  the  submission,  attested  under  seal  by  the  secretary 
of  the  corporation,  for  record  with  the  clerk  of  any  court  of 
this  State  having  jurisdiction  of  the  subject-matter,  and  the 
person  against  whom  said  enforcement  is  sought;  and  there- 
upon it  shall  be  the  duty  of  said  court,  on  motion  or  applica- 
tion, ex  parte,  at  any  time  after  ten  days  from  the  filing  of  the 
award,  to  enter  judgment  or  decree  thereupon,  as  upon  a  final 
award  made  by  referees  under  rule  of  court;  upon  which  judg- 
ment or  decree,  execution  shall  issue  without  stay.  No  matter 
affecting  the  title  of  real  estate,  however,  shall  be  submitted  to 
or  arbitrated  by  the  said  committee  under  this  or  the  preced- 
ing" section,  but  the  committee  may  direct  in  its  award  the 
payment  of  the  costs  and  expenses  of  the  arbitration,  and  the 
amount  thereof  shall  be  embraced  as  a  principal  sum  in  the 
judgment  or  decree  to  be  rendered;  if  awarded,  to  be  paid  by 
the  party  against  whom  such  judgment  or  decree  is  sought. 
No  judgment  or  decree  rendered  on  any  such  award  shall  be 
liable  to  be  stayed,  except  upon  allegation,  under  oath  of  the 
•defendant,  of  manifest  fraud  in  the  procurement  or  rendition  of 
the  award,  or  of  a  material  and  substantial  failure  of  the  com- 
mittee specifically  alleged  and  set  forth,  to  comply  with  the  by- 
laws or  sections  226  or  227,  in  the  hearing  and  determination  of 
the  matters  submitted;  nor  shall  any  such  judgment  or  decree 
be  quashed,  modified  or  stricken  out,  except  upon  satisfactory 
proof  of  the  matters  so  required  to  be  so  alleged;  neither  shall 
there  be  any  appeal  in  any  case  from  the  original  judgment, 
order  or  decree,  whereby,  after  a  hearing  of  the  allegations  and 
proofs  as  aforesaid,  the  said  original  judgment  or  decree  shall 
be  maintained. 

ASSAULT    AND    BATTERY. 

229.  Any  person  who  shall,  without  any  provocation,  as- 
sault and  beat  any  person  in  any  of  the  streets,  lanes,  alleys  or 
highways  of  the  City  of  Baltimore,  or  at  any  place  of  public 
resort  or  amusement,  between  the  hours  of  six  o'clock  in  the 
evening  and  six  o'clock  the  following  morning,  or  who  shall 


130 

counsel,  aid  or  abet  in  such  assault  and  battery,  shall  be  fined 
in  a  sum  not  less  than  twenty-five  dollars  and  be  imprisoned 
not  less  than  one  month;  or  the  Judge  of  the  Criminal  Court 
of  Baltimore  City,  or  the  judge  having  jurisdiction  of  the  of- 
fense, may,  in  his  discretion,  sentence  the  person  convicted. 
of  such  offense  to  confinement  in  the  penitentiary  for  a  period. 
not  less  than  six  months  nor  more  than  two  years. 

23O»  It  shall  not  be  necessary  to  state  with  more  particular- 
ity than  is  now  necessary  in  proceedings  for  assaults  and  bat- 
teries, the  time  or  place  of  such  assault  and  battery  in  the  rec- 
ognizance or  commitment  on  which  the  said  person  is  tried,,, 
but  the  said  person  may  be  tried  on  a  recognizance  or  commit- 
ment for  a  common  assault  and  battery,  and  shall  be  sentenced. 
by  the  court  according  to  the  facts  proved  at  the  trial. 

23  *•  In  case  the  said  person  is  tried  upon  a  presentment  or 
indictment,  it  shall  only  be  necessary  to  allege  in  the  present- 
ment or  indictment  that  the  offense  was  committed  between 
the  hours  aforesaid,  and  that  it  was  committed  on  a  highway 
in  the  City  of  Baltimore,  or  at  a  place  of  public  resort  or 
amusement,  without  setting  forth  said  highway  or  place  of: 
public  resort  or  amusement  by  name. 

AUCTIONS. 

232.  Repealed  by  Act  of  1900,  Chapter  208. 
233-  Repealed  by  Act  of  1900,  Chapter  208. 
234.  Repealed  by  Act  of  1900,  Chapter  208. 


235.  The  duties  shall  be  calculated  on  the  sums  for  which' 
the  property  or  goods  so  exposed  to  sale  shall  be  respectively 
struck  off,  and  shall  in  all  cases  be  paid  by  the  person  making 
the  sale. 

236.  NO  duties  shall  be  chargeable  upon  any  goods,  wares,. 
merchandise  or  other  property  sold  by  any  auctioneer  at  pri- 
vate sale  on  the  days  of  his  public  auction,  or  unless  the  same- 
be  part  of  what  was  offered  for  sale  at  said  public  auction  or 
was  advertised  to  be  sold  thereat. 


131 

237.  The  duty  imposed  on  all  sales  of  lands,  tenements 
and  hereditaments,  or  of  any  interest  therein,  at  public  auction 
in  the  City  of  Baltimore,  shall  be  a  lien  on  the  said  property 
when  sold  as  aforesaid. 

238.  Every   purchaser   of   lands,    tenements    or   heredita- 
ments, or  of  any  interest  therein,  purchased  at  public  auction  in 
the  City  of  Baltimore,  shall  be  bound  to  pay  the  auction  duty 
on  such  sale  and  be  entitled  to  claim  the  said  payment  as  a 
credit  on  his  purchase  as  aforesaid. 

239.  All  goods  and  property,  of  what  kind  soever,  shall  in 
all  cases  be  struck  off  to  the  highest  bidder;  and  where  the 
auctioneer  or  owner,  or  any  person  employed  by  them  or  either 
of  them,  shall  be  such  bidder,  the  goods  or  property  shall  be 
subject  to  the  same  duties  as  if  struck  off  to  any  other  person; 
but  this  section  shall  not  be  construed  to  render  valid  any  sale 
that  would  otherwise  be  deemed  fraudulent  and  void. 

240.  Xhe  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  biennially  appoint  as  many  auctioneers  in  the 
City  of  Baltimore  as  he  may  think  proper,  not  to  exceed  thirty. 

241.  Each  person  so  appointed,  the  amount  of  whose  sales 
of  goods,  wares,  merchandise  and  personal  property  of  every 
kind,  exclusive  of  his  real  estate  sales  and  sales  of  houses,  shall 
not  exceed  the  sum  of  one  hundred  and  fifty  thousand  dollars, 
shall,  before  entering  upon  the  duties  of  his  office,  enter  into 
a  recognizance  to  the  State,  with  two  sufficient  securities,  in 
the  sum  of  five  thousand  dollars,  conditioned  for  the  payment 
of  the   duties   hereinbefore   mentioned  to   the   Treasurer   of 
Maryland,  and  that  he  shall  in  all  things  well,  truly  and  faith- 
fully behave  and  conform  himself  according  to  the  true  intent 
and  meaning  of  this  law;  and  shall  also  pay  to  the  Treasurer 
of  Maryland  the  sum  of  four  hundred  and  fifty  dollars,  as  a 
license. 

242«  Any  auctioneer  paying  the  license  fee,  and  executing 
the  bond  prescribed  in  the  preceding  section,  may  make  sales 
of  every  description  of  goods,  wares  and  merchandise  of  every 


132 

kind,  and  real  estate,  and  may  exercise  all  the  rights  and  privi- 
leges of  a  general  auctioneer  to  the  extent  and  amount  of 
the  sum  prescribed  in  said  section;  and  he  shall  make,  under 
oath,  quarterly  returns  to  the  Comptroller  of  the  City  of  Balti- 
more, showing  the  full  amount  of  his  sales  of  every  kind,  dis- 
tinguishing his  sales  of  goods,  wares  and  merchandise,  and 
personal  effltts  of  every  kind,  from  his  sales  of  real  estate  and 
houses  ;  but  any  auctioneer  taking  out  a  special  license,  as  pro- 
vided in  section  233,  in  regard  to  auctions  in  Baltimore  City,  to 
sell  at  public  auction,  stocks  of  any  banks  or  other  incorpor- 
ated institutions,  or  State  or  City  loans,  shall  not  be  required  to 
make  any  returns  of  sales  of  such  securities;  and  if  any  auc- 
tioneer under  said  license  shall  sell  any  amount  exceeding 
the  sum  named  in  the  last  preceding  section,  he  shall  be  sub- 
ject to  all  the  penalties  hereinafter  imposed  upon  auctioneers 
who  shall  sell  without  license. 

243.  Each  auctioneer  so  appointed  whose  sales  of  goods, 
wares  and  merchandise,  and  personal  effects  of  every  kind, 
exclusive  of  his  real  estate  sales  and  sales  of  houses,  shall 
exceed  the  sum  of  one  hundred  and  fifty  thousand  dollars,  shall, 
before  he  enters  upon  the  duties  of  his  office,  enter  into  a  rec- 
ognizance to  the  State,  with  two  sufficient  securities  in  the 
sum  of  ten  thousand  dollars,  conditioned  as  hereinbefore  pre- 
scribed, and  shall  pay  to  the  State  Treasurer  the  sum  of  seven 
hundred  and  fifty  dollars  as  a  license  fee. 

244.  if  any  person  so  appointed  shall  desire  to  pursue  the 
business  of  an  auctioneer  for  the  sole  purpose  of  selling  books, 
maps  or  prints,  by  day  or  by  night,  he  shall  be  entitled  to  do 
so  by  first  entering  into  a  recognizance  to  the  State,  with  two 
sufficient  securities  in  the  penalty  of  five  thousand  dollars, 
conditioned  as  hereinbefore  prescribed,  and  by  paying  to  the 
State  Treasurer  the  sum  of  one  hundred  and  fifty  dollars. 


If  any  person  so  appointed  shall  desire  to  pursue  the 
business  of  an  auctioneer  for  the  sole  purpose  of  vending 
horses  and  carriages,  he  shall  be  entitled  to  do  so  by  first  enter- 
ing into  a  recognizance  to  the  State,  with  two  sufficient  secu- 
rities in  the  sum  of  one  thousand  dollars,  and  paying  to  the 
State  Treasurer  the  sum  of  fifty  dollars  as  a  license  fee. 


133 

246.  A  license  may,  on  the  request  and  with  the  consent  of 
the  party,  be  issued  by  the  State  Treasurer,  nunc  pro  tune,  so 
as  to  avail  him  for  a  year  from  the  day  on  which  his  license 
expired,  or  in  such  manner  as  to  avail  him  for  any  part  of  the 
interval  the  applicant  may  desire;  but  no  license  issued  under 
this  section  shall  acquit  the  party  obtaining  it  of  any  penalty 
hereby  imposed  for  selling  without  license,  if  prosecution  there- 
for shall  have  been  commenced  before  such  license  was  ob- 
tained. 


In  case  of  the  death  of  any  auctioneer  before  the  time 
limited  in  his  license  has  expired,  his  co-partner  or  co-partners, 
if  he  has  any,  or  his  personal  representative,  may  continue  to 
act  under  the  license  for  the  unexpired  term. 

248.  All  recognizances  directed  to  be  taken  by  this  sub-di- 
vision of  this  Article  shall  be  taken  by  the  Clerk  of  the  Court  of 
Common  Pleas,  and  duplicates  shall  be  made  of  the  record  of 
every  such  recognizance  by  said  clerk,  one  whereof  shall  be 
delivered,  or  be  caused  to  be  delivered  by  such  auctioneer  to 
the  State  Treasurer,  within  ten  days  after  the  date  of  such 
record,  and  the  other  shall  be  retained  by  said  clerk,  who  shall 
be  entitled  to  demand  for  the  same  from  the  auctioneer  the 
sum  of  one  dollar. 

249.  The  State  Treasurer,  on  his  being  satisfied  that  the 
recognizance  herein  required  has  been  entered  into  by  any  of 
the  persons  appointed  auctioneers  by  the  Governor,  and  upon 
his  receiving  the  license  fee  required  from  such  person,  shall 
issue  a  general  or  special  license  to  such  person  as  the  person 
may  be  entitled  to,  for  the  term  of  one  year  from  the  date  of 
such  license. 

250.  if  any  person  not  appointed  and  authorized  in  the 
manner  herein  directed,  nor  by  nor  under  some  official  author- 
ity under  the  laws  of  the  United  States,  shall  sell  or  attempt  to 
sell  any  goods,  wares,  merchandise  or  effects  of  any  kind,  real 
estate  or  vessels,  in  the  City  of  Baltimore,  by  public  auction,  he 
shall  be  considered  guilty  of  a  misdemeanor,  and  shall  be  sub- 
ject to  presentment  and  indictment  in  the  Criminal  Court  of 


134 

Baltimore,  and  shall,  on  conviction,  be  fined  in  a  sum  not  ex- 
ceeding five  hundred  dollars  nor  less  than  one  hundred  dollars, 
or  be  imprisoned  for  a  term  not  exceeding  three  months,  or 
both,  at  the  discretion  of  the  court. 

25 *•  If  any  auctioneer  shall  sell  any  goods,  wares,  mer- 
chandise or  effects  or  vessels,  by  way  of  public  auction,  without 
having  entered  into  the  recognizance  and  paid  the  license  fee 
hereinbefore  required,  he  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  be  subject  to  presentment  and  indictment  in 
the  Criminal  Court  of  Baltimore,  and  on  conviction  thereof 
shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars  nor 
less  than  fifty  dollars  for  each  and  every  article  so  exposed  for 
sale. 

252-  If  any  auctioneer  shall  sell  any  goods  or  property 
Other  than  such  as  he  is  authorized  to  sell  by, the  terms  of  his 
license,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
be  subject  to  presentment  and  indictment  in  the  Criminal 
Court  of  Baltimore,  and  on  conviction  thereof  shall  be  fined  in 
a  sum  not  exceeding  one  hundred  dollars,  nor  less  than  fifty 
dollars  for  each  and  every  article  so  sold. 

253.  if  any  person  commissioned  as  auctioneer  shall  neg- 
lect to  take  out  a  license  within  twenty  days  after  his  commis- 
sion shall  have  been  forwarded  to  him  by  the  Governor,  such 
commission  shall  be  deemed  null  and  void,  and  the  Governor 
shall  appoint  some  other  person  to  supply  the  vacancy  in  the 
number  of  auctioneers  caused  by  such  neglect. 

254.  Xhe  recognizance  herein  required  shall  be  annually 
renewed. 

255.  if  any  surety  of  any  auctioneer  shall  remove  from  this 
State  or  become  insolvent  the  State  Treasurer  shall  demand 
other  surety  in  his  place ;  and  if  the  auctioneer  shall  neglect  or 
refuse  to  give  other  security  within  three  days  after  such  de- 
mand is  made  his  license  shall  thenceforth  be  null  and  void 
to  all  intents  and  purposes  as  if  the  same  had  never  been 
granted,  and  the  State  Treasurer  shall  immediately  give  public 
notice  thereof  in  two  or  more  public  newspapers  published  in 
said  City. 


135 

256.  if  any  auctioneer  appointed  under  this  sub-division  of 
fthis  Article  shall  accept  at  any  time  during  the  continuance  of 
liis  appointment  an  appointment  as  auctioneer  from  any  other 
State  he  shall  be  deemed  to  have  forfeited  his  appointment 

amder  this  sub-division  of  this  Article. 

257.  Every  auctioneer  in  said  City  shall  designate  in  writ- 
ing his  partner  or  partners,  if  any  are  engaged  with  him  in 
.his  said  business,  and  the  houses  or  stores  occupied  by  him 
•for  the  transaction  of  auction  business,  and  shall  deposit  such 
writing  with  the  State  Treasurer;  and  if  any  auctioneer  in 

•said  City  shall  enter  upon  the  duties  of  his  office  before  so 
-doing  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  shall  be  fined  in  a  sum  not  exceeding  five  hundred 
dollars;  and  it  shall  be  the  duty  of  the  court  before  whom 
such  conviction  is  had  to  transmit  forthwith  a  particular  report 
thereof  to  the  Governor,  who  may,  in  his  discretion,  inhibit, 
•during  his  pleasure,  the  person  convicted  from  acting  as  auc- 
tioneer. 

258.  The  Mayor  of  the  City  may  designate  the  place  or 
places  for  the  sale  of  horses  and  carriages  and  make  such  regu- 
lations in  respect  to  the  time  and  manner  of  selling  horses  and 
carriages  at  auction,  and  the  riding  and  driving  of  such  horses 

-and  carriages,  as  he  shall  deem  best  calculated  to  promote 
public  convenience  and  protect  the  persons  of  individuals  from 
danger. 

259.  Every  auctioneer  appointed  and  licensed  for  the  sale 
of  horses  shall  keep  a  registry  of  all  horses  sold  by  him,  speci- 
fying a  description  of  the  horse  sold,  the  sum  for  which  he 
sold,  and  the  name  and  residence  of  the  seller  and  buyer,  and 
shall  deposit  such  registry,  with  an  oath  of  the  truth  thereof, 
at  the  end  of  each  year  with  the  Clerk  of  the  Court  of  Common 
Pleas. 

260.  TSIo  auctioneer  specially  licensed  for  selling  books, 
•maps  or  prints  shall  be  entitled  to  demand  or  receive,  without 
a  previous  agreement  to  the  contrary,  from  any  person,  di- 
rectly or  indirectly,  a  commission  exceeding  seven  dollars  and 


136 

fifty  cents  for  every  hundred  dollars  of  the  purchase  money- 
arising  from  such  sales,  exclusive  of  all  duties. 

261.  ]\TO  auctioneer  licensed  to  sell  to  the  amount  of  one- 
hundred  and  fifty  thousand  dollars,  without  a  previous  agree- 
ment to  the  contrary,  shall  be  entitled  to  demand  or  receive 
for  his  services,  directly  or  indirectly,  a  commission  exceeding 
four  dollars  clear  of  all  duties,  for  every  hundred  dollars  of  the 
purchase  money  arising  from  such  sales. 

262-  No  auctioneer,  licensed  generally  for  the  sale  of 
goods,  wares  and  merchandise,  exceeding  one  hundred  and 
fifty  thousand  dollars,  without  a  previous  agreement  to  the 
contrary,  shall  be  entitled  to  demand  or  receive  for  his  ser- 
vices, directly  or  indirectly,  a  commission  exceeding  two  dol- 
lars, clear  of  all  duties,  for  every  hundred  dollars  of  the  pur- 
chase money  arising  from  such  sales,  except  upon  sales  of  fur- 
niture and  wearing  apparel,  upon  which  they  shall  be  entitled 
to  receive  four  dollars,  clear  of  duties,  for  every  hundred  dol- 
lars arising  from  such  sales;  and  except  also  upon  sales  of 
books,  stationery,  maps  and  prints,  upon  which  they  shall  be 
entitled  to  receive  seven  dollars  and  fifty  cents,  clear  of  duties, 
for  every  hundred  dollars  arising  from  such  sales;  and  upon 
these  articles  the  auctioneer  mentioned  in  the  preceding  sec- 
tion may  charge  a  similar  amoXmt. 

263.  Any   auctioneer   who    shall    receive    or    accept    any 
greater  or  higher  reward  for  his  services  than  is  authorized  by 
this  sub-division  of  this  Article,  shall  forfeit  the  sum  of  five  hun- 
dred dollars  for  every  offence,  to  be  recovered  in  the  name  of 
the  State  by  suit,  or  by  indictment  in  the  Criminal  Court,  one- 
half  to  the  use  of  the  State  and  the  other  half  to  the  use  of  the 
party  prosecuting  for  the  same. 

264.  NO  auctioneer  shall  authorize  or  permit  any  person 
whatever  to  sell  any  property  of  any  description  whatever, 
under  and  by  virtue  of  his  license,  unless  the  person  so  author- 
ized or  permitted  is  actually  and  bona  fide  in  the  employment 
of  such  auctioneer,  and  is  actually  and  bona  fide  a  resident  of 
Baltimore  City  at  the  time  of  such  employment,  and  the  com- 


137 

missions  on  such  sales  are  actually  and  bona  fide  for  the  benefit 
of  such  auctioneer;  and  no  license  shall  be  construed  to  au- 
thorize the  holder  to  sell  at  more  than  one  regular  establish- 
ment, but  an  auctioneer  may  sell  public  stocks,  houses,  lots 
and  furniture,  or  ships  or  vessels,  on  the  premises  where  the 
same  may  be,  or  at  the  exchange,  or  goods  in  the  original 
form  and  packages  as  imported,  and  bulky  articles,  such  as 
have  been  usually  sold  in  warehouses  or  in  the  public  streets 
or  on  the  wharves,  at  such  other  places  within  the  City  as  shall 
be  desired  by  the  owner  or  importer  of  such  bulky  articles  or 
imported  goods. 

265.  If  any  auctioneer  shall  violate  any  of  the  provisions  of 
the  last  preceding  section  he  shall  be  deemed  guilty  of  a  mis- 
demeanor for  every  such  violation,  and  shall  be  subject  to  pre- 
sentment and  indictment  in  the  Criminal  Court  of  Baltimore,, 
and  on  conviction  thereof  shall  be  fined  in  a  sum  not  exceed- 
ing two  hundred  dollars,  nor  less  than  one  hundred  dollars. 

266.  Every  auctioneer,  within  thirty  days  after  the  first 
days  of  January,  April,  July  and  October  of  the  year  for  which 
he  shall  have  been  appointed,  and  in  each  and  every  year  that 
he  shall  hold  and  continue  in   the  office  and  duty  of  such 
auctioneer,   shall  render  to   the   Comptroller  of  the   City   of 
Baltimore  a  true   and   particular  account   in   writing   of   the 
money  or  sums  of  money   for   which  any  goods,   wares   or 
merchandise,  or  other  property  of  every  kind,  shall  have  been 
sold  at  every  sale  since  entering  on  the  duties  of  his  office,  or 
since  the  last  account  was  rendered,  of  the  amount  of  each  day's 
sales  and  the  days  when  sold,  distinguishing  the  sales  made  by 
him  personally  or  in  his  presence,  and  those  made  by  his  part- 
ner or  partners  or  clerk,  in  consequence  of  his  absence;  setting 
forth,  also,  the  amount  of  all  goods,  wares,  merchandise  and 
other  property  sent  or  entrusted  to  him,  his  partner  or  partners 
for  sale,  and  by  him  or  them  sold  at  auction,  and  the  days  on 
which  the  same  were  sold,  and  particularizing  the  amount  of 
the  several  duties  chargeable  on  said  sales,  duplicate  copies  of 
which  said  accounts,  properly  sworn  to  as  required  in  section 
267,  shall  be  transmitted  to  the  Comptroller  of  the  State,  by 
every  such  auctioneer,  within  the  said  thirty  days  after  the  said 


138 

first  days  of  January,  April,  July  and  October  of  the  year  or 
years  as  aforesaid;  and  every  auctioneer  shall,  within  thirty 
days  after  rendering  such  account,  pay  over  to  the  said  Comp- 
troller of  Baltimore  City,  for  the  use  of  the  State,  subject  to 
provisions  hereinafter  contained,  all  such  sum  or  sums  of 
money  as  appear  to  be  due  from  him  to  the  State  for  duties, 
according  to  law. 

267.     The  auctioneer  making  such  returns,  at  the  time  of 
making  the  same  shall  take  before  some  Justice  of  the  Peace, 

or  Judge  of  a  court  of  record,  the  following  oath:  "I, , 

•do  solemnly  and  sincerely  swear  that  the  account  now  exhibited 
by  me,  and  to  which  I  have  subscribed  my  name,  contains  a 
just  and  true  account  of  all  the  goods,  wares  and  merchandise, 
and  property  of  every  kind,  sold  or  struck  off  by  me  at  public 
sale,  or  sold  at  private  sale,  on  the  days  of  my  public  auctions, 
or  sold  or  struck  off  as  aforesaid  by  my  co-partner  or  co-part- 
ners (if  any  there  be),  or  by  others  in  my  name,  or  under  my 
direction,  and  in  my  actual  and  bona  fide  employment  (as  the 
case  may  be),  and  the  days  upon  which  the  same  were  respec- 
tively sold;  that  I  have  examined  the  entries  of  all  sales  men- 
tioned in  said  account  in  the  books  kept  by  me  for  that  pur- 
pose, and  I  fully  believe  this  account  to  be  correct;  and,  further, 
that  I  have,  during  the  time  mentioned,  conformed  in  all  things 
to  the  provisions  of  the  law  relating  to  auctions  in  Baltimore 
City,  according  to  the  best  of  my  knowledge  and  belief,  so  help 
me  God."  And  he  shall  cause  a  certificate  of  the  fact  that  he 
has  taken  such  oath,  duly  signed  by  said  Justice  or  said  Judge, 
and  a  certificate  of  the  Clerk  of  the  Superior  Court  of  Balti- 
more City,  of  the  official  character  of  said  Justice  when  signed 
by  him,  to  be  annexed  to  said  return;  and  no  account  or  return 
of  sales,  as  provided  to  be  made  and  rendered  in  the  preceding 
section  shall  be  deemed  or  held  to  be  "a  true  and  particular 
account,"  within  the  meaning  of  said  preceding  section,  un- 
less the  oath  herein  provided  is  made  and  annexed  to  such  ac- 
count or  return  of  sales ;  and  the  auctioneer  refusing  or  neglect- 
ing to  make  and  to  annex  such  oath  shall  be  liable  to  be  pro- 
ceeded against  as  if  he  had  not  made  and  rendered  any  account 
•or  return  of  sales  as  required  by  law. 


139 

268-  If  any  auctioneer  shall  refuse  or  neglect  to  transmit 
to  the  State  Treasurer  a  duplicate  of  the  record  of  his  recog- 
nizance as  before  required,  or  shall  neglect  or  refuse  to  render 
an  account  of  sales  to  the  Comptroller  of  the  City  of  Balti- 
more quarter-yearly,  or  shall  refuse  or  neglect  to  transmit 
a  duplicate  copy  of  such  account  to  the  Comptroller  of  the 
State  within  the  time  or  times  limited  for  rendering  such  ac- 
count or  transmitting  such  duplicates  as  provided  in  section 
266,  or  shall  refuse  or  neglect  to  pay  over  to  the  Comp- 
troller of  the  City  the  money  or  moneys  due  from  him  to 
the  State  for  duties,  according  to  law,  within  thirty  days  after 
rendering  such  account,  he  shall,  in  and  for  each  and  every  such 
case  of  refusal  or  neglect,  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  subject  to  presentment  and  indictment  in  the  Crim- 
inal Court  of  Baltimore,  and  on  conviction  thereof  shall  be 
fined  in  a  sum  not  exceeding  seven  hundred  dollars  nor  less 
than  one  hundred  dollars,  and  on  conviction  shall  further  be 
deemed  to  have  forfeited  his  appointment  as  auctioneer,  and 
shall  be,  disqualified  from  acting  as  auctioneer  under  the  same; 
provided,  it  shall  be  competent  for  such  auctioneer  at  the  trial 
of  such  suit  to  give  in  evidence  every  matter  or  thing  going  to 
show  a  satisfactory  excuse  on  his  part  for  such  neglect  or  re- 
fusal; and  if  the  jury  before  which  such  suit  shall  be  tried  shall 
think  such  excuse  satisfactory,  they  shall  return  a  verdict  for 
the  defendant;  the  defendant,  however,  in  such  case  to  pay  the 
costs  of  the  prosecution;  and  provided  further,  that  no  suit  or 
indictment,  or  conviction,  under  this  section,  for  the  penalties 
herein  contained,  shall  be  held  to  bar  or  prevent  the  State  from 
bringing  such  civil  action  or  actions  in  any  of  the  courts  of  this 
State  against  any  auctioneer,  or  on  his  bond,  for  the  recovery 
of  money  that  may  be  due  the  State,  or  for  the  non-per- 
formance or  misperformance  of  any  duty  imposed  upon  him 
by  this  sub-division  of  this  Article,  and  for  which  a  civil  action 
would  lie  against  him  or  on  his  bond. 

269.  Every  auctioneer  who,  within  the  period  limited  for 
his  accounting,  shall  have  made  no  sales  of  goods  or  property 
of  any  kind  liable  to  auction  duties,  shall  make  and  subscribe 
an  affidavit  of  those  facts  before  the  Judge  of  the  Court  of 
Common  Pleas,  and  shall  transmit  a  copy  of  the  said  affidavit, 


140 

certified  by  said  Judge,  to  the  State  Treasurer,  within  the  same 
time  that  an  account  is  required  to  be  rendered,  under  the  pen- 
alty prescribed  in  the  last  preceding  section. 


It  shall  not  be  lawful  for  the  Governor  to  nominate 
to  the  Senate  as  auctioneer  any  person  who  shall  not  have  set- 
tled in  full  at  the  Treasury  office  for  all  amounts  due  from  him 
on  account  of  auction  duties. 


If  any  auctioneer  shall  be  guilty  of  any  fraud  or  de- 
ceit in  the  discharge  of  the  duties  of  his  office,  or  shall  elude 
or  defeat  any  provisions  of  this  sub-division  of  this  Article,  for  a 
violation  of  which  no  penalties  are  therein  specially  prescribed,. 
he  shall  be  guilty  of  a  misdemeanor  and  subject  to  presentment 
and  indictment  in  the  Criminal  Court  of  Baltimore,  and  on 
conviction  thereof  shall  be  fined  in  a  sum  not  exceeding  one 
thousand  dollars,  nor  less  than  one  hundred  dollars  for  any 
such  offence;  and  if  any  auctioneer  shall  pay  or  cause  to  be  paid 
directly  or  indirectly,  to  any  trustee,  attorney,  executor  or  ad 
rninistrator,  selling  real  estate  or  property  of  any  kind  under 
any  order  c-f  any  court,  or  under  any  power  of  attorney,  any 
portion  of  the  fee  or  commission  received  or  receivable  by  him, 
and  charged  by  him  in  his  account  for  making  any  sale  of  such 
real  estate  or  property  for  such  trustee,  attorney,  executor  or 
administrator,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  in  the  Criminal  Court  of  Baltimore 
shall  be  fined  in  a  sum  not  exceeding  two  hundred  dollars,  nor 
less  than  fifty  dollars,  for  every  such  offence;  and  such  trustee, 
attorney,  executor  or  administrator  receiving  or  retaining  such 
portion  of  such  fee  or  commissions,  and  not  accounting  for  it 
to  the  proper  parties,  shall  be  liable  in  a  suit  on  his  bond  for 
double  the  amount  so  received  or  retained  by  him,  to  the 
cestui  que  trust,  the  principal,  or  to  any  person  interested  in 
the  estate  which  he  represents. 


If  no  person  shall,  within  seven  days  after  any  such 
offense  shall  be  committed,  prosecute  for  the  penalties  im- 
posed by  this  sub-division  of  this  Article,  the  State  Treasurer, 
upon  information  thereof  having  come  to  his  knowledge,  shall 
direct  the  State's  Attorney  for  the  City  of  Baltimore  to  prose- 


141 

cute  the  same;  and  the  penalties  when  recovered  shall  be  paid 
into  the  treasury  for  the  use  of  the  State. 

273.  If  any  person  shall  wilfully  swear  falsely  touching 
any  matter  hereinbefore  required  in  this  sub-division  of  this 
Article  to  be  verified  by  oath,  he  shall  suffer  the  pains  and  pen- 
alties which  by  law  are  prescribed  for  wilful  and  corrupt  per- 
jury; and  if  an  auctioneer,  shall  also  forfeit  his  office. 

274.  'f  he  proceeds  of  such  auction  duties  to  the  amount  of 
twenty  thousand  dollars  shall  be  paid  over  by  the  Comptroller 
of  the  City,  as  the  same  shall  be  received  by  him,  to  the  Mayor 
and  City  Council  of  Baltimore,  to  be  by  said  Mayor  and  City 
Council  of  Baltimore  annually  appropriated  to  the  purpose  of 
deepening  and  improving  a  channel  in  the  Chesapeake  bay  and 
Patapsco  river  and  the  harbor  of  the  City  of  Baltimore. 

275-  It  shall  be  the  duty  of  the  Mayor  and  City  Council  of 
Baltimore,  on  or  before  the  fifteenth  day  of  September  in  each 
year,  to  report  to  the  Comptroller  of  the  State  a  fair  and  strict 
account  of  their  disbursement  of  the  fund  arising  from  said  auc- 
tion duties,  as  to  the  amount  the  same  are  appropriated  in  the 
preceding  section,  in  relation  to  the  deepening  and  improving 
said  channel,  Patapsco  river  and  Baltimore  City  harbor;  and 
the  said  Comptroller  shall  report  the  same  to  the  General 
Assembly. 

276.  If  the  net  proceeds  of  said  auction  duties  shall  exceed 
the  sum  of  twenty  thousand  dollars,  the  excess  of  said  duties 
above  that  sum  shall,  for  each  and  every  year  that  they  shall 
exceed  that  sum,  be  paid  over  by  the  Comptroller  of  the 
City  of  Baltimore  to  the  Treasurer  of  the  State;  and  in 
case  of  such  excess  as  aforesaid,  the  Comptroller  of  the  City 
shall  also  render  to  the  Comptroller  of  the  State  a  brief 
statement  or  account,  showing  the  amounts  received  by  him  on 
account  of  auction  duties,  the  amount  paid  the  Mayor  and  City 
Council  of  Baltimore,  under  section  274,  and  the  balance  due 
the  State  and  payable  to  the  State  Treasurer — which  said  bal- 
ance, if  any,  and  whenever  the  same  shall  arise  from  said  auc- 
tion duties,  shall  be  paid  to  said  Treasurer  on  or  before  the 
twenty-fifth  day  of  September  in  each  and  every  year. 


142 

277.  The  provisions  of  the  three  preceding  sections  shall 
not  have  any  effect  if  the  City  of  Baltimore,  by  ordinance  or 
otherwise,  shall  make  any  charge  on  articles  passing  over  or 
deposited  on  the  wharves  of  said  City  for  a  less  time  than  one 
day,  for  the  purpose  of  delivery  only,  from  or  on  board  of  any 
vessel  trading  within  the  limits  of  this  State,  other  than  the 
regular  wharfage  chargeable  on  such  vessel. 

278.  Nothing  contained  in  this  sub-division  of  this  Article 
shall  prohibit  the  sale  of  leather,  iron  or  tobacco,  by  the  person 
who  manufactured  the  same,  without  the  license  herein  re- 
quired. 

BILLS   OF  EXCHANGE  AND   PROMISSORY   NOTES. 

279.  It  shall  be  lawful  for  banks  and  bankers  in  the  City 
of  Baltimore,  to  close  their  doors  for  business  at  twelve  o'clock 
noon,  on  each  and  every  Saturday  in  the  year;  and  every  Sat- 
urday in  the  year  after  twelve  o'clock  noon  shall  be  a  legal  half- 
holiday,  so  far  as  regards  the  presenting  for  payment  or  accept- 
ance, and  the  protesting  and  giving  notice  of  the  dishonor  of 
bills  of  exchange,  bank  checks,  drafts,  promissory  notes  and 
other  negotiable  paper;  and  for  these  purposes  shall  be  treated 
and  considered  as  the  first  day  of  the  week,  commonly  called 
Sunday;  and  all  such  bills,  checks,  drafts  and  notes  presentable 
for  acceptance  or  payment  on  Saturdays,  shall  be  deemed  to  be 
presentable  for  acceptance  or  payment  on  the  secular  or  business 
day  next  succeeding;  provided,  however,  that  all  bills  of  ex- 
change, drafts  and  promissory  notes  made  after  the  passage  of 
this  Article,  except  those  payable  at  sight  or  on  demand,  which 
shall  be  otherwise  payable  on  any  half-holiday  Saturday,  shall 
be  deemed  to  be  and  shall  be  payable  on  the  next  succeeding 
secular  or  business  day ;  and  provided  further,  that  for  the  pur- 
pose of  protesting  or  otherwise  holding  liable  any  party  to  any 
bill  of  exchange,  bank  check,  draft  or  promissory  note,  and 
which  shall  not  have  been  paid  before  twelve  o'clock  at  noon  on 
any  half-holiday  Saturday,  a  demand  of  acceptance  or  payment 
thereof  may  be  made,  and  notice  of  protest  or  dishonor  thereof 
may  be  given  on  the  next  succeeding  secular  or  business  day; 
and  provided  further,  that  when  any  person  shall  receive  for 


143 

collection  in  said  City  of  Baltimore,  any  bill  of  exchange,  bank 
check  or  promissory  note  due,  and  presentable  for  acceptance 
or  payment  on  any  half-holiday  Saturday,  such  person  shall  not 
be  deemed  guilty  of  any  neglect  or  omission  of  duty,  nor  incur 
any  liability  in  not  presenting  for  payment  or  acceptance,  or 
collecting  such  bill  of  exchange,  bank  check,  draft  or  promis- 
sory note  on  that  day ;  and  provided  further,  that  in  construing 
this  section  every  half-holiday  Saturday  shall,  until  twelve 
o'clock  noon,  be  deemed  a  secular  business  day.  Nothing  in 
this  section  shall  affect  the  provisions  of  sections  9  and  10  of 
Article  13  of  the  Code  of  Public  General  Laws  applicable  to 
any  Saturday,  whenever  the  same,  under  the  provisions  of  said 
sections,  shall  be  a  legal  holiday. 

BUILDINGS. 

28°-  It  shall  not  be  lawful  for  the  owners  or  lessees  of  any 
public  hall,  church,  school  or  place  of  amusement,  in  the  Cities 
of  Baltimore,  Annapolis,  Cumberland,  Frederick,  Hagerstown 
or  Frostburg,  to  obstruct,  or  allow  to  be  obstructed  by  others,, 
any  of  the  aisles  or  passage-ways  in  the  auditorium  of  said 
halls,  churches,  schools  or  places  of  amusement,  by  placing 
therein  any  benches,  chairs  or  stools,  or  other  articles  that  may 
prevent  free  ingress  or  egress  during  the  hours  that  said  places 
may  be  open  to  the  public.  Said  owners  or  lessees,  or  their 
agents,  are  required  to  keep  open  at  all  hours  during  the  time 
said  halls,  churches,  schools  or  places  of  amusement  are  open 
to  the  public,  all  doors  giving  ingress  or.  egress,  unless  said 
doors  open  outward  from  said  places;  then  the  same  may  be 
closed,  but  no  hindrances,  such  as  locks  or  catches  of  any  kind,, 
shall  be  allowed  to  obstruct  or  prevent  instant  and  easy  egress 
through  the  same;  and  when  said  doors  open  inwards,  it  is 
required  of  said  owners,  lessees  or  their  agents,  that  said  doors 
shall  be  fastened  securely  and  firmly  open.  Owners  or  lessees, 
or  any  person  holding  under  them,  or  their  agents,  violating 
any  of  the  provisions  aforesaid,  shall,  on  conviction  thereof, 
be  fined  by  the  court  before  which  such  conviction  is  had  for 
any  violation,  a  sum  not  exceeding  five  hundred  dollars,  to  be 
recovered  as  other  fines  in  this  State,  one-half  of  which  shall 
go  to  the  State  and  the  other  half  to  the  Cities  where  such 


144 

violations  occur  and  convictions  thereof  are  had.  It  is  made 
the  special  duty  of  the  Judge  or  Judges  of  the  courts  having 
criminal  jurisdiction  in  said  Cities  of  Baltimore,  Annapolis, 
Cumberland,  Frederick,  Hagerstown  and  Frostburg,  to  spe- 
cially charge  the  Grand  Juries  of  said  courts  upon  the  execu- 
tion of  the  foregoing  provisions;  and  the  police  authorities  of 
said  Cities  are  specially  charged  with  the  execution  thereof, 
and  to  that  end  shall  direct  nightly  examinations  by  some  of 
their  officers,  of  all  such  places.  It  shall  not  be  lawful  for  any 
person,  agent,  owner  or  proprietor  of  any  sweat-shop  or  factory 
where  four  or  more  persons  are  employed,  to  use  any  coal  oil, 
gasoline,  or  any  other  explosive  or  inflammable  compound  for 
the  purpose  of  lighting  or  heating  in  any  form;  and  any  per- 
son, agent,  owner  or  proprietor  violating  this  provision  shall 
be  guilty  of  a  misdemeanor,  and  on  conviction  thereof,  be  fined 
by  the  court  before  which  such  conviction  is  had,  for  every 
violation,  the  sum  of  one  hundred  dollars  and  costs,  and  stand 
committed  until  such  fine  and  costs  be  paid.  The  owner  or 
owners  of  any  such  house  or  building  used  as  a  sweat-shop  or 
factory  where  four  or  more  persons  are  employed  as  garment 
workers,  on  other  than  the  first  floor  of  such  house  or  building, 
shall  provide  fire-escapes  for  the  same;  and  if  any  owner  or 
owners  of  any  house  or  building  so  used,  fail  to  make  or  pro- 
vide a  fire-escape,  such  owner  or  owners  shall  pay  a  fine  of  two 
hundred  dollars,  to  be  recovered  as  other  fines  in  this  State,  or 
imprisonment  in  the  City  Jail  for  sixty  days,  or  both  fine  and 
imprisonment,  in  the  discretion  of  the  court. 

CARRIAGES    AND    HORSES. 

281.  The  Board  of  Police  Commissioners  of  the  City  of 
Baltimore  shall  determine  and  fix  the  rate  of  fare  to  be  charged 
by  the  owners  of  hackney  carriages  in  said  City;  and  every 
owner  of  a  hackney  carriage  who  shall  have  obtained  a  license 
therefor,  as  required  by  the  ordinances  of  the  Mayor  and  City 
Council  of  Baltimore,  shall  be  authorized  and  entitled,  during 
the  time  in  such  license  specified,  to  ask,  charge  and  receive,  as 
a  compensation  from  every  person  using  the  same,  the  rates  of 
fare  and  compensation,  and  hire  prescribed  by  the  said  Board 
of  Police  Commissioners,  and  no  more;  provided,  that  the  pro- 


145 

visions  of  this  section  shall  not  apply  to  the  owners  of  hackney 
carriages  who  conduct  their  business  exclusively  at  their  re- 
spective stables. 

282.  The  owner  of  every  licensed  hackney  carriage,  other 
than  those  excepted  in  the  preceding  section,  before  he  shall  be 
entitled  to  charge,  ask  or  receive  any  hire  or  compensation  for 
the  use  thereof,  shall  cause  the  number  of  such  carriage,  as 
stated  in  his  license,  in  plain  and  easily  legible  figures,  at  least 
two  inches  in  length,  to  be  painted  or  otherwise  delineated  in 
conspicuous  places  on  each  side  of  such  carriage,  both  within 
and  without,  and  shall  also  keep  in  at  least  two  conspicuous 
positions  in  the  interior  of  such  carriage  a  copy  of  the  rates  of 
fare  or  charges  prescribed  by  the  Board  of  Police  Commission- 
ers, as  aforesaid,  printed  on  white  paper  card,  with  black  ink, 
by  types  of  a  size  not  less  than  long  primer,  so  that  the  same 
may  be  conveniently  seen  and  read  in  the  daytime  by  any  person 
who  may  be  a  passenger  in  said  carriage.     Every  owner  of  a 
hackney  carriage  licensed  as  aforesaid,  for  the  use  of  which 
any  higher  or  greater  rate  of  fare  shall  be  asked  and  received 
by  any  driver  or  other  person  having  care  of  such  carriage, 
than  that  prescribed  by  this  sub-division  of  this  Article,  or 
who  shall  omit  or  neglect  to  comply  with  the  directions  herein 
contained,  shall  incur  a  penalty  of  ten  dollars;  every  continu- 
ance of  an  omission  to  comply  with  the  provisions  herein  con- 
tained for  one  day  after  any  prosecution  therefor,  to  be  taken 
as  a  distinct  offence. 

283.  Every  driver  of  any  licensed  hackney  carriage  who 
shall  refuse  or  omit  when  required,  to  inform  any  person  using 
such  carriage  or  applying  for  the  use  of  it,  the  true  number 
thereof,  or  the  correct  amount  of  the  rates  of  fare  authorized  to 
be  charged  for  the  use  of  it,  or  who  shall  wilfully  mislead,  or 
misconvey,  or  insult,  by  abusive  or  indecent  and  opprobrious 
language,  any  passenger  whom  he  shall  have  in  his  care  for 
conveyance  in  the  carriage  of  which  he  is  driver,  shall  for  every 
such  offence  incur  such  penalty,  not  exceeding  twenty  dollars, 
as  shall  be  adjudged  by  the  Mayor  of  the  said  City  or  any  Jus- 
tice of  Peace  therein,  before  whom  complaint  shall  be  made  by 
or  on  behalf  of  the  party  injured. 


146 

284.  No  driver  or  person  in  charge  of  cabs  or  hackney 
carriages  shall  ask,  charge,  demand  or  receive  more  than  the 
rates  of  fare  as  established  by  the  Board  of  Police  Commis- 
sioners in  the  City  of  Baltimore  from  time  to  time,  from  any 
passenger  or  passengers;  and  any  person  violating  the  provis- 
ions of  this  section  shall,  upon  conviction,  be  liable  to  a  fine 
not  exceeding  fifty  dollars,  or  imprisonment  in  jail  for  a  period 
not  exceeding  six  months  nor  less  than  thirty  days,  or  both,  in 
the  discretion  of  the  court. 

285.  The  proprietors  of  any  hackney  carriage  in  the  City  of 
Baltimore  who  do  not  intend  to  go  upon  or  use  the  public 
stands  in  said  City  with  such  hackney  carriages,  shall  at  the  time 
of  applying  for  a  license  for  the  same,  as  required  by  the  present 
or  any  future  ordinances  of  the  Mayor  and  City  Council  of 
Baltimore,  signify  in  writing  such  intention,  and  thereupon  a 
special  license  may  and  shall  be  granted  to  such  proprietors  by 
the  Comptroller  or  other  proper  officer  of  said  City;  and  for 
every  special  license  thus  granted  there  shall  be  paid  such  sum 
as  is  now  or  shall  hereafter  become  payable  for  other  hackney 
carriages  by  the  present  or  future  ordinances  of  said  City. 

286.  No  hackney  carriages  which  shall  be  thus  especially 
licensed  shall  make  use  of  or  go  upon  or  stand  or  wait  for  em- 
ployment at  any  of  the  public  stands  designated  by  or  under  the 
present  or  any  future  ordinances  of  the  Mayor  and  City  Coun- 
cil of  Baltimore,  or  at  any  place  in  said  City,  except  the  premises 
of  the  owner  thereof,  under  a  penalty  of  twenty  dollars  for  every 
such  offence  ;  one-half  to  be  paid  to  the  informer,  to  be  recov- 
ered against  either  the  owner  or  driver  thereof,  as  fines  of  a  like 
amount  are  now  recovered. 


Each  and  every  proprietor  of  hackney  carriages  shall, 
at  the  time  when  he  applies  for  a  special  license,  or  any  renewal 
thereof,  furnish  the  Comptroller  or  other  proper  officer  of  the 
City  of  Baltimore  with  a  correct  statement  of  the  number  of 
hackney  carriages  used  by  him  ;  and  such  owner,  whenever  he 
shall  increase  the  number  of  such  hackney  carriages,  shall  re- 
port such  increase  to  the  Comptroller  or  other  proper  officer  of 
said  City;  and  every  person  violating  any  of  the  provisions  of 


147 

this  section  shall  forfeit  his  license,  and  be  liable  to  a  penalty  of 
ten  dollars. 

288.  All  penalties  which  shall  be  incurred  under  section 
283  of  this  sub-division  of  this  Article,  or  for  the  breach-  of  any 
of  its  provisions,  may  be  recovered  by  warrant  issued  in  the 
name  of  the  State,  in  the  same  manner  as  debts  within  said 
City  are  recoverable,  with  the  right  of  appeal  to  the  Baltimore 
City  Court. 

289.  On  the  trial  of  such  appeal,  the  party  of  whom  the 
penalty  is  claimed  shall  be  entitled  to  a  jury  trial;  but  there  shall 
be  no  stay  of  execution  of  any  judgment  appealed  from,  unless 
the  party  appealing  shall  give  bond,  with  security  approved  by 
the  officer  rendering  such  judgment,  and  conditioned  that  the 
party  appealing  shall  prosecute  the  appeal  with  effect,  and  obey, 
perform  and  pay  such  judgment  as  shall  be  rendered  by  the 
Baltimore  City  Court  on  the  trial  of  said  appeal. 

290.  All  penalties  which  shall  be  recovered  for  the  breach 
of  any  of  the  provisions  of  this  sub-division  of  this  Article,  shall 
be  appropriated  one-half  to  the  use  of  the  dispensaries  in  the 
•City  of  Baltimore,  to  be  equally  divided  between  them,  and  the 
other  half  to  the  use  of  the  informer,  whose  name  shall  be 
endorsed  on  the  warrant  issued  for  the  recovery  of  each  respec- 
tive penalty. 

291'  It  shall  be  lawful  for  any  livery  stable  keeper  to  retain 
in  his  custody  any  horse,  mare  or  gelding  placed  under  his  care 
for  livery,  and  also  any  vehicle,  until  all  charges  for  so  keeping 
shall  be  paid  by  the  owner  thereof. 


It  shall  and  may  be  lawful  for  such  livery  stable  keeper 
to  sell  any  such  horse,  mare  or  gelding,  or  vehicle,  at  public 
auction  in  the  City  of  Baltimore,  after  giving  at  least  twenty 
days'  notice  in  two  of  the  daily  newspapers  published  in  the 
City  of  Baltimore,  of  the  time,  place  and  manner  of  sale;  and 
after  deducting  the  amount  due  for  keeping,  together  with  all 
expenses  of  said  sale,  to  return  the  surplus,  if  any,  to  the  owner 
of  such  horse,  mare  or  gelding,  or  vehicle. 


148 

293.  Before  proceeding  as  above,  it  shall  be  necessary  for- 
such  livery  stable  keeper  to  state  an  account  for  the  keeping  of 
such  horse,  mare  or  gelding,  or  vehicle,  and  prove  the  same 
before  a  Justice  of  the  Peace  for  the  City  of  Baltimore,  who,, 
upon  being  satisfied  by  proof  of  demand  and  refusal  or  neglect 
to  pay  on  the  part  of  the  owner,  shall  thereupon  issue  his  war- 
rant authorizing  such  sale  as  aforesaid;  provided,  that  the  pro- 
prietors of  such  livery  stables  shall  set  up  on  their  premises,  in 
some  conspicuous  place,  a  copy  of  the  aforegoing  two  sections, 
printed  in  large  type,  and  their  rates  of  livery. 


CORONERS,  INQUESTS  AND  DEAD   BODIES. 

294«  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  and  commission  seven  competent 
physicians  to  act  as  coroners  for  the  City  of  Baltimore,  to  hold, 
office  during  the  period  of  two  years,  at  an  annual  salary 
of  one  thousand  dollars  each,  payable  quarterly  by  the  City 
Register;  and  the  said  Coroners  shall  be  assigned  to  duty 
by  the  Governor,  and  to  each  of  the  police  districts  of  the  City 
of  Baltimore;  and  it  is  further  provided,  that  whenever  the 
police  districts  of  the  City  of  Baltimore  shall  be  increased  in 
number  by  the  order  of  the  Board  of  Police  Commissioners  of 
Baltimore  City,  the  Governor  shall  appoint  an  additional  coro- 
ner for  each  of  the  police  districts  so  created;  provided,  that 
before  entering  upon  the  duties  of  their  office,  the  persons  ap- 
pointed shall  take  the  oath  of  office  prescribed  by  the  Constitu- 
tion of  the  State  of  Maryland,  for  office-holders;  and  further, 
they  shall  give  bond  to  the  said  State  of  Maryland,  with  security 
to  be  approved  by  the  judge  of  the  Superior  Court  of  Balti- 
more City,  in  the  penalty  of  two  thousand  dollars  each,  condi- 
tioned for  the  faithful  performance  of  their  duties,  as  now  pre- 
scribed by  law,  or  which  shall  hereafter  be  prescribed. 

295.  Each  of  the  seven  Coroners  shall  be  assigned  to  such 
sub-division  or  district  of  the  City  of  Baltimore  as  the  Governor 
may  direct;  and  in  case  of  absence  or  illness  of  any  Coroner,  he 
shall  deputize  some  competent  person  to  attend  to  the  duties  of 
his  office  during  his  absence  or  illness. 


149 

296.  Xhe  Coroner  shall  hold  an  inquest  over  every  person 
.found  dead  in  his  district  in  said  City  when  the  manner  and 
-cause  of  death  shall  not  be  already  known  as  accidental,  or  in 

the  course  of  nature.  No  Coroner's  jury  in  said  City  shall  re- 
ceive any  fee  or  compensation  for  services  as  such;  and  said 
Coroners  are  authorized  and  empowered  to  issue  their  certifi- 
cates to  the  City  Register  for  the  payment  of  such  expenses 
as  may  be  necessary  for  the  interment  of  any  person  over 
whom  they,  or  either  of  them,  has  held  an  inquest,  and  whose 
body  is  not  claimed  by  friends  or  relatives;  provided,  the 
amount  of  such  expenses  shall  not  in  any  case  exceed  the  sum 
of  seven  dollars. 

297.  Each  of  said  Coroners  shall  make  a  monthly  report  to 
'the  Police  Commissioners  of  Baltimore  City,  of  the  number  of 

inquests  held  by  him  during  the  month  last  past  before  said 
report,  with  a  full  description,  as  far  as  may  be,  of  the  persons 
who  were  the  subjects  of  such  inquests,  their  sex,  age,  color 
and  nationality,  the  cause  and  mode  of  their  death,  and  such 
other  particulars  as  may  be  necessary  to  their  identification,  in 
case  of  strangers  and  unknown  persons ;  and  each  of  said  Cor- 
oners shall  also,  immediately  after  holding  an  inquest,  deposit 
in  some  bank  of  Baltimore  City,  subject  to  the  order  of  the 
Judges  of  the  Orphans'  Court  of  said  City,  all  property,  money 
:and  other  effects  found  upon  the  person  of  those  over  whom 
he  shall  hold  inquest,  as  hereinbefore  provided. 

298.  Any  public  officer  of  Baltimore  City  or  Baltimore 
•County  having  charge  of  or  control  over  the  bodies  of  deceased 
persons  required  to  be  buried  at  the  public  expense  or  at  the 
•expense  of  any  institution  supported  by  said  City  or  County, 

shall  notify  the  chairman  of  the  Anatomy  Board,  said  board  be- 
ing composed  of  a  demonstrator  of  anatomy  from  each  medical 
school  in  the  State,  of  the  existence  and  possession  of  such 
bodies,  and  shall  give  permission  to  said  Anatomy  Board, 
'through  its  chairman,  or  to  any  physician  or  surgeon  of  the  State 
-of  Maryland  upon  his  request  made  therefor,  to  take  such  bodies 
within  forty-eight  hours  after  death,  to  be  by  him  used  within 
the  State  for  the  advancement  of  medical  science,  preference 
>being  given  to  medical  schools,  public  and  private;  and  said 


150 

bodies  shall  be  distributed  to  and  among  the  same  equitably,, 
the  number  assigned  to  each  being  proportioned  to  that  of  its- 
students  ;  provided,  however,  that  if  any  person  claiming  to  be 
and  satisfying  the  proper  authorities  that  he  is,  of  kindred  to- 
the  deceased,  or  that  he  was  a  friend  to  deceased  during  his  life, 
shall  ask  to  have  the  body  for  burial,  it  shall  be  surrendered  for 
interment;  or  if  such  deceased  person  was  a  stranger  or  traveler 
who  died  suddenly,  the  body  shall  be  buried  and  not  handed 
over  as  aforesaid.  Any  public  officer  of  Baltimore  City  or 
County  having  charge  of  or  control  over  the  bodies  of  the  de- 
ceased persons  required  to  be  buried  at  the  public  expense  or  at 
the  expense  of  any  institution  supported  by  said  City  or  County, 
who  shall  neglect  or  refuse  to  comply  with  the  requirements  of 
this  section,  shall  be  guilty  of  a  misdemeanor,  and  shall  upon- 
conviction  be  fined  not  less  than  fifty  nor  more  than  one  hun- 
dred dollars  for  each  and  every  offence. 

299.  Every  physician  or  surgeon,  before  receiving  any  such 
dead  body  shall  give  to  the  proper  authorities  a  sufficient  bond 
that  such  body  shall  be  used  only  for  the  promotion  of  medical- 
science  within  the  State;  and  whosoever  shall  use  such  body 
for  any  other  purpose,  or  shall  remove  the  same  beyond  the 
limits  of  this  State,  and  whosoever  shall  sell  or  buy  such  body,, 
or  in  any  way  traffic  in  the  same,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall,  on  conviction,  be  imprisoned  for  a. 
term  not  exceeding  five  years  at  hard  labor  in  the  City  Jail. 

COURTS. 
Superior  Court,  Court  of  Common  Pleas  and  Baltimore  City  Court.. 

300.  The  judge  before  whom  any  case  may  be  tried  in- 
either  the  Baltimore  City  Court,  the  Superior  Court  of  Balti- 
more City,  or  in  the  Court  of  Common  Pleas,  shall  have  exclu- 
sive jurisdiction  to  hear  and  determine,  and  the  said  judge  shall" 
hear  and  determine,  all  motions  for  a  new  trial  where  such 
motions  arise,  either  on  questions  of  fact  or  for  misdirection 
upon  any  matters  of  law,  and  all  motions  in  arrest  of  judgment, 
or  upon  any  matters  of  law,  determined  by  the  said  judge;  and1 
all  such  motions  shall  be  heard  and  determined  within  thirty- 
days  after  they  are  made. 


lil 

3O1'  In  no  case  shall  either  the  plaintiff  or  defendant  be 
required  to  file  a  "paper  book"  of  evidence  or  brief,  in  either  of 
the  courts  of  the  City  of  Baltimore. 

302.  The  stated  terms  of  the  Superior  Court  of  Baltimore 
City,  the  Court  of  Common  Pleas  and  the  Baltimore  City  Court, 
shall  commence  on  the  second  Monday  in  January,  the  second 
Monday  in  May,  and  the  second  Monday  in  September,  in  each 

year. 

303.  in  addition  to  the  first  day  of  each  term  of  the  Supe- 
rior Court  of  Baltimore  City,  the  Court  of  Common  Pleas  of 
the  City  of  Baltimore,  and  the  Baltimore  City  Court,  the  second 
Monday  in  February,  March,  April,  June,  July,  August,  Oc- 
tober, November  and  December,  in  each  year,  shall  be  return 
days,  and  the  words  "return  day,"  wherever  used  in  this  sub- 
division of  this  Article,  shall  apply  as  well  to  the  first  day  of 
each  term  as  to  the  other  return  days  herein  enumerated. 

304.  All  original  writs,  writs  of  execution,  attachment,  re- 
plevin, ejectment,  scire  facias  and  habere  facias,  as  well  as  all 
other  writs  and  process  issued  from  or  returnable  to  any  of  said 
courts,  which  under  the  practice  heretofore  existing  would 
have  been  returnable  to  the  first  day  of  the  term,  or  to  a  return 
day,  shall  hereafter  be  made  returnable  to  the  first  return  day 
after  the  issue  of  the  same,  or  may  be  made  returnable  to  the 
second  return  day  thereafter,  if  the  party  by  whose  direction  the 
same  was  issued,  or  his  attorney,  shall  so  request  in  writing. 

305.  On  the  return  of  an  original  writ,  not  executed  in 
either  of  said  courts,  the  same  may  be  renewed,  returnable  to 
the  next  return  day  thereafter,  and  after  two  returns  of  any 
original  writ  not  executed  at  the  two  succeeding  return  days 
after  the  writ  is  first  issued,  the  same  shall  be  permitted  to  lie 
dormant,  renewable  only  on  the  written  order  of  the  plaintiff 
or  his  attorney  of  record  to  such  future  return  day  as  the  said 
plaintiff  or  his  attorney  may  elect,  and  upon  a  further  return  if 
not  executed,  said  writ  shall  be  again  permitted  to  lie,  renew- 
able only  as  aforesaid,  the  said  plaintiff  or  his  attorney  having 
the  right  to  renew  said  writ  to  as  many  subsequent  return  days, 
under  the  same  mode  of  procedure  as  may  be  deemed  proper, 
until  the  same  is  executed. 


152 

306.  After  the  execution  of  any  writ  or  other  process  made 
returnable  to  a  return  day  in  either  of  said  courts,  the  same 
proceedings  may  be  had  thereupon  as  if  the  same  had  been 
made  returnable,  and  had  been  returned  to  a  term  of  said  court 
under  the  practice  heretofore  existing,  except  as  hereinafter 
otherwise  provided. 


If  a  defendant  be  returned  ''summoned,"  and  shall  fail 
to  appear,  the  clerk  of  the  court  on  the  day  following  the  return 
day  to  which  the  writ  or  process  served  on  him  is  returnable, 
shall  enter  the  appearance  of  any  defendant  so  summoned  and 
failing  to  appear,  and  the  action  shall  proceed  in  the  same  man- 
ner as  if  the  party  had  appeared  in  person. 

308.  When  a  declaration  in  any  action  shall  be  filed  in 
court,  and  a  copy  thereof  delivered  to  the  defendant  before  the 
day  of  the  return  of  the  writ,  and  the  defendant  shall  be  sum- 
moned before  the  said  day  of  the  return  of  the  writ,  he  shall 
plead  before  the  next  succeeding  return  day,  or  judgment  by 
default  for  want  of  a  plea  shall  be  entered  by  the  court  or  clerk 
thereof,  upon  motion  in  writing  made  by  the  plaintiff,  or  his 
attorney,  then,  or  at  any  time  thereafter,  before  the  filing  of  a 
plea  by  the  defendant,  unless  the  court  for  good  reason  shall 
have  granted  said  defendant  further  time  to  plead;  and  upon 
such  entry  of  judgment,  the  plaintiff  may  forthwith  sue  out  his 
writ  of  inquiry,  or  otherwise  enter  up  final  judgment  according 
to  the  course  of  the  court. 

309.  When  any  action  shall  be  brought  upon  a  titling  and 
the  defendant  shall  have  been  summoned,  the  plaintiff  shall  file 
his  declaration  within  fifteen  days  after  the  return  day  to  which 
said  defendant  had  been  summoned,  or  judgment  of  non  pros. 
may  be  entered  by  the  court  or  the  clerk  thereof  against  him  for 
want  of  a  declaration,  upon  motion  in  writing  made  by  the  de- 
fendant at  any  time  thereafter,  unless  the  court  for  good  cause 
shown  shall  grant  further  time;  but  if  the  plaintiff  shall  have 
filed  his  declaration  in  any  such  action,  at  any  time  before  the 
entry  of  a  judgment  of  non  pros,  against  him,  the  defendant  shall 
be  required  to  plead  to  such  declaration  within  the  time  and 
upon  the  terms  prescribed  by  the  rules  of  the  court,  or  judg- 


153 

tnent  by  default  may  be  entered  against  him  as  provided  by  said 
rules. 

31O.  Every  suit  in  which  any  defendant  shall  be  returned 
summoned,  shall  stand  for  trial  or  judgment  (as  against  such 
defendant)  at  the  return  day  next  succeeding  the  day  to  which 
he  has  been  summoned;  provided,  the  declaration  shall  have 
been  filed  in  court,  and  a  copy  thereof  shall  have  been  served 
on  the  defendant,  or  his  attorney,  at  least  fifteen  days  before 
said  return  day;  and  all  such  suits  in  which  final  judgment  i& 
not  entered  on  that  day,  shall  then  be  put  at  the  end  of  the  trial 
•calendar  of  the  court  in  which  they  are  brought,  in  the  order  in 
which  they  were  instituted  in  said  court,  and  shall  be  finally  dis- 
posed of  as  far  as  possible  when  reached  in  their  regular  course. 

31  !•  In  all  cases  in  which  a  party  by  law  would  be  entitled 
to  a  continuance,  the  court  may,  instead  of  continuing  the  cause 
to  the  next  term,  postpone  the  same  for  thirty  days,  or  such 
other  period  as  will  best  subserve  the  interests  of  justice. 

312«  In  any  suit,  when  the  cause  of  action  is  a  contract, 
whether  in  writing  or  not,  or  whether  expressed  or  implied,  the 
plaintiff,  if  affidavit  or  affirmation  be  made,  as  hereinafter 
stated,  shall  be  entitled  to  judgment,  to  be  entered  by  the  court 
or  the  clerk  thereof,  on  motion,  in  writing,  at  any  time  after 
fifteen  days  from  the  return  day  to  which  the  defendant  shall 
have  been  summoned,  although  the  defendant  may  have 
pleaded,  unless  such  plea  contains  a  good  defence,  and  unless 
the  defendant  or  some  one  in  his  behalf  shall,  under  oath  or 
affirmation,  state  that  every  plea  so  pleaded  by  the  defendant  is 
true;  and  shall  further  state  the  amount  of  plaintiff's  demand, 
if  anything,  admitted  to  be  due  or  owing,  and  the  amount  dis- 
puted, and  further,  that  the  affiant  verily  believes  the  defendant 
will  be  able  at  the  trial  of  the  cause  to  produce  sufficient  evi- 
dence to  support  the  plea  as  to  the  portion  disputed,  and  that 
he  is  advised  by  counsel  to  file  the  said  plea;  and  such  plea 
shall  be  accompanied  by  a  certificate  of  counsel  that  he  so  ad- 
vised the  party  making  such  oath  or  affirmation,  and  if  the  co- 
partnership or  incorporation  of  any  of  the  parties  to  the  suit 
-shall  be  alleged  in  the  declaration  and  the  affidavit  to  be  filed 


154 

therewith,  as  hereinafter  provided;  or  if  there  shall  be  filed  with 
the  declaration  in  said  cause,  any  paper  purporting  to  be  signed 
by  any  defendant  therein,  the  fact  of  such  alleged  copartnership 
or  incorporation,  and  the  genuineness  of  such  signature  shall 
be  deemed  to  be  admitted  for  the  purposes  of  said  cause,  unless 
the  said  affidavit  shall  further  state  that  the  affiant  knows,  or 
has  good  reason  to  believe,  such  allegation  of  copartnership  or 
incorporation  to  be  untrue,  or  that  such  signature  was  not 
written  by  or  by  the  authority  of  the  person  whose  signature  it 
purports  to  be.  In  case  any  part  of  the  debt  or  damages  claimed 
be  admitted  to  be  due,  the  plaintiff  shall  be  entitled  forthwith 
to  an  entry  of  judgment  therefor,  with  costs  in  the  discretion  of 
the  court,  to  the  time  of  entry  of  such  judgment,  and  if  the 
amount  so  admitted  to  be  due  shall  not  be  below  the  jurisdic- 
tion of  the  court,  the  plaintiff  may  at  once  have  execution  there- 
for, and  upon  such  entry  of  judgment  the  plaintiff  may  join 
issue  or  reply  to  the  pleas  as  to  the  disputed  portion,  and  the 
case  shall  be  proceeded  with  as  to  such  disputed  portion  in  the 
same  manner  as  if  the  suit  had  been  originally  instituted  for  the 
recovery  of  the  same;  and  the  court  shall  have  jurisdiction  as 
to  such  disputed  portion  in  all  cases  where  the  amount  origi- 
nally claimed  shall  be  within  the  jurisdiction  of  the  court,  but  if 
either  judgment  in  the  case  be  below  the  jurisdiction  of  the 
court,  no  execution  shall  issue  from  that  court  on  the  same,, 
and  the  provisions  of  section  17  of  Article  26  of  the  Code  of 
Public  General  Laws  shall  apply  thereto;  yet  if  the  sum  of  the 
two  judgments  shall  equal  such  jurisdiction  they  may  then  be 
included  in  an  execution  issued  from  that  court ;  provided,  that 
the  court  for  good  cause  shown,  may,  by  its  order  in  writing, 
passed  at  any  time  before  judgment,  extend  the  time  for  filing 
such  pleas  and  affidavits,  which  extension  shall  suspend,  until 
the  expiration  thereof,  the  plaintiff's  right  to  enter  judgment 
under  this  section. 

313.  The  plaintiff  shall  not  be  entitled  to  judgment  under 
the  preceding  section,  unless  at  the  time  of  bringing  his  action 
he  shall  file  with  his  declaration  an  affidavit  or  affirmation,  if 
the  affiant  is  conscientiously  scrupulous  as  to  taking  an  oath, 
stating  the  true  amount  the  defendant  is  indebted  to  him,  over 
and  above  all  discounts,  and  shall  also  file  the  bond,  bill  of  ex- 


155 

change,  promissory  note  or  other  writing  or  account,  by  which 
the  defendant  is  so  indebted ;  or  if  the  action  be  founded  upon  a 
verbal  or  implied  contract,  shall  file  a  statement  of  the  particu- 
lars of  the  defendant's  indebtedness  thereunder.  If  there  are  two 
or  more  plaintiffs,  the  said  affidavit  or  affirmation  may  be  made 
by  any  one  of  them,  or  if  all  the  plaintiffs  be  absent  from  the 
State  at  the  time  of  the  bringing  of  said  suit,  or  if  the  plaintiff 
be  a  corporation,  the  said  affidavit  or  affirmation  may  be  made 
by  any  agent  of  plaintiff  or  plaintiffs,  or  any  of  them,  who  will 
make  further  oath  or  affirmation  that  he  has  personal  knowl- 
edge of  the  matters  therein  stated;  and  the  said  affirmation  or 
affidavit  may  be  made  before  any  of  the  persons  who  may  take 
an  affidavit  or  affirmation  to  authorize  the  issuing  of  a  foreign 
attachment,  and  may  be  certified  in  the  same  manner. 

314.  When  any  judgment  by  default  shall  be  entered  under 
any  of  the  preceding  sections,  the  court  may  assess  the  damages 
on  proof  thereof  without  empanelling  a  jury  to  do  so,  unless 
the  defendant  shall  have  filed  a  motion  in  writing  before  the 
entry  of  such  default  for  a  jury  trial,  and  shall  have  stated  in 
such  motion  how  much  of  the  plaintiff's  demand  is  disputed^ 
and  how  much  thereof,  if  any,  is  admitted  by  said  defendant  to 
be  due,  and  in  such  case  the  plaintiff  may  forthwith  have  judg- 
ment entered  up  for  the  amount  so  admitted,  as  provided  in  the 
preceding  section. 

315-  If  the  defendant  shall  dispute  the  whole  or  any  part 
of  the  plaintiff's  demand  in  any  action  brought  under  the  pro- 
visions of  the  three  foregoing  sections,  and  upon  trial  of  the 
case  the  plaintiff  shall  recover  a  judgment  for  any  portion  of 
his  demand  so  disputed,  then  the  plaintiff  shall  be  allowed  in 
addition  to  the  costs  of  the  suit,  reasonable  counsel  fees,  to  be 
fixed  by  the  court,  said  fees  not  to  be  less  than  twenty-five  dol- 
lars nor  more  than  one  hundred  dollars. 

316-  Bills  of  exception  may  be  signed  in  any  cause  pending 
in  any  of  said  courts  at  any  time  within  thirty  days  from  the 
rendition  of  the  verdict  of  the  jury  or  the  findings  of  the  court 
upon  the  issues  of  fact  in  said  cause,  but  not  thereafter,  unless 
the  time  for  signing  said  bill  of  exception  shall  have  been  previ- 


156 

ously  extended  by  order  of  court  or  by  consent  of  parties ;  but 
nothing  herein  shall  prevent  either  party  from  requiring  the 
bills  of  exception  to  be  signed  before  verdict. 

317 •  Any  action  taken  or  order  passed  by  any  of  said  courts 
in  relation  to  any  judgment  rendered  by  it,  if  taken  or  passed 
within  thirty  days  after  the  entry  of  such  judgment,  or  upon  a 
motion  or  application  made  to  it  within  said  thirty  days,  shall 
have  the  same  effect  and  force  as  it  would  have  had  under  the 
practice  heretofore  existing  in  said  court,  if  taken  or  passed 
during  the  term,  or  upon  a  motion  or  application  made  during 
the  term  at  which  said  judgment  was  entered,  and  no  more;  but 
any  such  action  taken  or  order  passed  after  the  expiration  of 
thirty  days  from  the  entry  of  any  judgment,  (unless  upon  a 
motion  or  application  made  within  that  time),  shall  have  the 
same  effect  and  force  as  it  would  have  had  under  such  previous 
practice,  if  taken  or  passed  after  the  expiration  of  said  term, 
and  no  more ;  and  the  said  courts  shall  respectively  have,  for  a 
period  of  thirty  days  after  the  doing  of  any  act  or  thing  in  any 
cause  before  them,  the  same  revisory  power  and  control  over 
such  act  or  thing  which,  under  the  practice  heretofore  existing, 
they  would  have  had  over  the  same  during  the  term  at  which 
it  was  done,  and  no  more ;  and  after  thirty  days  from  the  doing 
of  any  such  act  or  thing,  the  said  courts  shall  have  the  same 
revisory  power  and  control  thereover,  which,  under  such  pre- 
vious practice  they  would  have  had  after  the  expiration  of  the 
term  at  which  said  act  or  thing  was  done,  and  no  more. 

318.  in  all  cases  where  the  pre-existing  laws  direct  or  re- 
quire that  any  act  or  thing  shall  be  done  in  or  by  any  of  said 
courts  during  the  same  term  at  which  some  other  act  or  thing 
may  be  done  or  happen,  such  first  mentioned  act  or  thing  shall 
hereafter  be  done  within  thirty  days  after  the  doing  or  happen- 
ing of  said  last  mentioned  act  or  thing. 

3! 9-  All  appeals  from  Justices  of  the  Peace  to  the  Balti- 
more City  Court  shall  stand  for  trial  on  the  day  following  the 
return  day  to  which  the  appellee  shall  be  returned  summoned, 
•or  the  second  return  day  to  which  the  summons  issued  for  the 
appellee  shall  be  returned  non  est.  But  before  the  Baltimore 


157 

City  Court  shall  proceed  to  try  any  such  appeal,  the  court  shall 
first  be  satisfied  that  all  costs  incurred  on  the  judgment  and 
proceedings  before  the  justice  have  been  paid  by  the  appellant. 

32°-  In  all  cases  in  which  appeals  are  or  may  be  allowed  to 
the  Baltimore  City  Court  from  the  decisions  of  any  commission- 
ers, or  other  persons  appointed  in  any  manner  to  determine  any 
benefits  or  damages  in  any  form  of  condemnation  proceedings, 
for  the  use  of  the  Mayor  and  City  Council  of  Baltimore, 
it  shall  be  lawful  for  the  City  to  enter  appeals  in  the 
same  manner  and  within  the  same  time  or  times  allowed  for 
their  entry  by  other  persons ;  and  all  such  appeals  by  whomso- 
ever prayed  within  the  time  or  times  limited  therefor,  shall  be 
heard  and  determined  by  the  Baltimore  City  Court  as  speedily 
as  may  be,  each  person  interested  being  secured  in  his,  her  or 
its  right  to  a  jury  trial  ;  and  in  case  there  should  be  more  than 
one  appeal  in  reference  to  the  same  piece  of  property,  they 
may  all  be  heard  together,  in  the  discretion  of  the  Court,  be- 
fore one  jury;  provided,  a  sufficient  panel  of  jurors  be  fur- 
nished, so  that  the  City  and  the.  owners  or  representatives  of 
each  separate  interest  or  estate  in  such  property  may  strike 
four  names  from  such  panel;  the  practice,  including  the  right 
of  appeal  to  the  Court  of  Appeals  in  all  such  cases,  shall  con- 
form as  near  as  may  be  to  the  practice  now  prevailing  in  said 
court  in  the  trial  of  appeals  from  the  decisions  of  the  Commis- 
sioners for  Opening  Streets. 

321-  The  Supreme  Bench  of  Baltimore  City  shall  annually 
designate  two  members  of  the  said  bench  to  sit  in  their  respec- 
tive courts,  attended  by  their  clerks,  during  the  annual  sittings 
of  the  Registers  of  Voters,  and  also  on  the  four  Saturdays  im- 
mediately preceding  the  September  session  of  the  Registers  of 
Voters  of  the  City  of  Baltimore,  for  the  purpose  of  hearing  and 
determining  applications  for  naturalization,  and  such  applica- 
tions shall  have  precedence  over  all  other  business. 

321A.  The  Supreme  Bench  is  authorized  to  adopt  rules  and 
regulations  governing  the  subject  of  naturalization  of  aliens 
in  the  Courts  of  Baltimore  City,  and  imposing  a  uniform  scale 
of  charges  to  be  collected  from  the  persons  applying  for  natu- 


158 

ralization  to  defray  the  expenses  incident  to  the  operation  of 
said  rules  and  regulations. 

322.  Whenever  the  record  of  proceedings  in  any  suit,  ac- 
tion or  issue  pending  in  one  of  the  courts  of  common  law  in  the 
City  of  Baltimore  shall  be  directed  to  be  transmitted  for  trial  to 
some  other  such  court  of  the  said  City,  in  accordance  with  Arti- 
cle 4,  section  8,  of  the  Constitution,  it  shall  be  the  duty  of  the 
clerk  of  the  court  from  which  the  said  record  of  proceedings  is 
so  directed  to  be  removed,  to  immediately  deliver  to  the  clerk 
of  the  court  to  which  the  same  is  so  directed  to  be  removed,  all 
the  original  papers  in  the  said  cause,  together  with  a  certified 
copy  of  all  docket  entries  relating  to  the  same,  which  original 
papers  and  copy  of  docket  entries  shall  constitute  such  record 
of  proceedings  for  the  purposes  of  such  trial ;  and  it  shall  there- 
upon become  the  duty  of  the  judge  of  the  court  to  which  the 
said  suit,  action  or  issue  shall  be  removed  immediately  by  spe- 
cial order  to  assign  the  same  for  trial  to  such  day,  or  in  sequence 
to  such  other  causes  as  he  shall  consider  just  and  proper. 

Circuit  Court  of  Baltimore  City. 

323.  Whenever  in  any  case  instituted  in  the  Circuit  Court 
a  jury  is  asked  for  and  allowed,  or  is  desired  by  the  Judge 
thereof,  the  Judge  shall  issue  an  order  to  the  Sheriff  of  Balti- 
more City,  requiring  him  to  summon  twenty  jurors  to  attend 
the  court,  when  proceedings  shall  be  had  in  such  cases  as  is 
usual  in  like  cases  in  equity. 

324.  The  Judge  of  the  Circuit  Court  is  not  required  to  file 
opinions  for  or  in  respect  of  any  final  decree  or  decretal  order, 
whenever  such  decree  or  order  shall  have  passed  upon  argu- 
ment, oral  or  in  writing,  on  the  part  of  any  of  the  parties  to  a 
cause.     This  section  shall  apply  also  to  the  Judge  of  the  Cir- 
cuit Court  Number  Two  of  Baltimore  City. 

Circuit  Court  Number  Tivo  of  Baltimore  City. 

325.  Another  court  is  established  in  and  for  the  City  of  Bal- 
timore, to  be  styled  the  Circuit  Court  Number  Two  of  Balti- 


159 

more  City.  The  powers  and  jurisdiction  of  said  court  shall  be 
concurrent  with  those  now  held  and  exercised  by  the  Circuit 
Court  of  Baltimore  City,  and  both  of  said  courts  shall  have  the 
same  terms  and  return  days;  subject,  however,  to  such  rules  and 
regulations  for  a  proper  distribution  and  apportionment  of 
business  between  them  as  the  Supreme  Bench  of  Baltimore 
City  shall  from  time  to  time  prescribe. 

326.  There  shall  be  elected  another  Judge  of  the  Supreme 
Bench  of  Baltimore  City,  by  the  legal  and  qualified  voters  of 
said  City,  at  the  election  to  be  held  in  said  City  on  the  Tuesday 
next  after  the  first  Monday  of  November,  eighteen  hundred 
and  eighty-eight;  the  said  Judge,  when  elected,  to  be  subject  to 
all  the  provisions  of  the  Constitution  relating  to  the  Supreme 
Bench  in  Baltimore  City  and  the  several  judges  thereof. 

327.  There  shall  be  elected  at  the  same  election  by  the  legal 
and  qualified  voters  of  Baltimore  City,  a  clerk  for  said  Circuit 
Court  Number  Two  of  Baltimore  City,  who  shall  be  subject  to 
all  the  provisions  of  the  Constitution  relating  to  the  Clerk  of 
the  Circuit  Court  of  Baltimore  City. 

Criminal  Court  of  Baltimore. 

328.  The  Criminal  Court  of  Baltimore  shall  hold  three  reg- 
ular sessions  yearly,  to  commence  on  the  second  Monday  of 
January,  second  Monday  of  May,  and  second  Monday  of  Sep- 
tember; and  such  sessions  shall  continue  until  all  the  business 
before  it  shall  be  finished. 

329.  At  special  sessions  of  said  court,  all  cases  may  be  tried 
and  disposed  of  as  at  the  regular  terms  thereof. 

330.  The  Criminal  Court  of  Baltimore  shall  have  jurisdic- 
tion in  all  cases  of  felony,  and  other  crimes,  offences  and  misde- 
meanors within  the  City  of  Baltimore. 

33 !•  Any  person  convicted  in  the  Criminal  Court  of  Balti- 
more of  larceny  committed  in  Baltimore  City  to  an  amount 
under  five  dollars,  may  in  the  discretion  of  the  judge  of  the  said 


160 

court,  be  sentenced  to  hard  labor  in  the  jail  of  Baltimore  City 
for  not  less  than  six  months  nor  more  than  two  years,  instead  of 
the  penitentiary. 

332.  All  commitments  and  recognizances  for  all  felonies, 
crimes,  offences  and  misdemeanors  committed  within  said  City, 
shall  be  returned  from  time  to  time  by  any  Justice  of  the  Peace 
taking  the  same  before  said  court,  and  shall  be  lodged  with  the 
clerk  of  said  court  on  the  day  next  preceding  the  day  appointed 
for  holding  the  said  court. 

333»  It  shall  be  the  duty  of  the  Sheriff  to  make  return  of 
each  capias  upon  presentment  or  indictment  from  said  court 
within  five  days  after  the  same  is  delivered  to  him  by  the  clerk; 
and  if  said  capias  is  returned  non  est,  the  clerk  shall,  in  the  dis- 
cretion of  the  State's  Attorney  of  Baltimore  City,  order  said 
capias  to  be  re-issued,  and  the  same  capias  shall  again  be  deliv- 
ered to  the  Sheriff;  and  the  date  of  the  first  return  thereof  shall 
be  endorsed  thereon;  and  the  second  return  shall  be  made 
within  the  time  above  specified;  and  in  case  the  said  capias  is 
returned  the  second  time  non  est,  the  same  shall  be  again  so 
endorsed  and  delivered  to  the  Sheriff. 

334.  The  Clerk  of  said  court  and  the  Sheriff  of  said  City 
shall  be  allowed  only  the  fees  for  the  issue  of  one  capias,  or 
for  the  service  of  one  capias  in  each  term,  however  often  the 
same  may  be  issued  or  returned. 

335.  All  subpoenas  for  witnesses  from  said  court  shall  be 
returned  by  the  Sheriff  within  six  days  after  the  same  are  issued 
by  the  clerk,  or  within  six  days  after  the  day  of  the  renewal  of 
such  subpoenas,  unless  the  same  are  ordered  to  be  returned  im- 
mediately, in  which  case  they  shall  be  so  returned,  if  practicable. 

336.  The  said  Sheriff  shall  be  allowed  for  the  service  of  one 
subpoena  only,  against  any  witness  that  may  be  returned  non  est, 
and  for  whom  the  said  subpoena  may  be  renewed,  whether  once 
or  oftener  in  one  term. 


161 

337.  The  clerk  of  said  court,  if  a  subpoena  is  renewed  by 
order  of  the  State's  Attorney,  or  by  the  counsel  of  the  prisoner 
or  traverser,  shall  endorse  the  renewal,  on  the  subpoena,  and 
the  same  shall  have  all  the  legal  effect  of  a  new  subpoena  issued 
in  the  term  of  said  court  during  which  said  subpoena  was  first 
issued. 

338.  The  Sheriff  of  said  City  shall  be  subject  to  a  penalty  of 
five  dollars  in  each  case  in  which  returns  are  not  made  within 
the  time  prescribed  in  this  sub-division  of  this  Article. 

339.  Witnesses  appearing  before  the  Grand  Jury  shall  be 
sworn  in  the  presence  of  the  Grand  Jury  by  the  foreman  or  by 
some  other  member  appointed  by  the  foreman  for  that  purpose. 

340.  in  all  cases  of  misdemeanor  which  may  be  prosecuted 
in  said  court  at  the  instance  of  any  person,  if  the  party  so  prose- 
cuted shall  be  acquitted,  all  the  legal  costs  and  expenses  attend- 
ing the  prosecution  shall  be  paid  by  the  person  at  whose  in- 
stance such  prosecution  was  commenced,  unless  the  court  shall 
certify  that  there  was  probable  cause  for  the  prosecution. 

341.  The  same  process  may  be  issued  for  the  recovery  of 
the  costs  and  expenses  of  such  prosecution  against  the  person 
who  may  become  liable  therefor  under  the  last  preceding  sec- 
tion, as  could  be  issued  against  the  party  prosecuted,  if  he  had 
been  convicted. 

342.  The  Mayor  and  City  Council  of  Baltimore  shall  not  be 
liable  in  any  criminal  cases  tried  in  the  Criminal  Court  of  Balti- 
more for  the  appearance  fees  allowed  by  law  to  the  attorney  of 
the  traverser. 

343.  Whenever  the  Grand  Jury  shall  find  any  presentment 
against  any  person  for  misdemeanor  they  shall  endorse  on  the 
presentment  the  name  of  the  person  at  whose  instance  such  pre- 
sentment is  made,  who  shall  be  deemed  and  taken  to  be  the  per- 
son at  whose  instance  such  prosecution  was  commenced. 


If  any  security  in  any  recognizance  shall  request  to 
deliver  up  the  principal,  said  court,  or  the  judge  thereof  in  the 


162 

recess,  may  accept  such  surrender,  and  may  require  and  take, 
other  recognizance,  or  commit  the  principal  to  jail  until  he 
gives  such  security  as  the  law  requires. 

345-  If  any  person  convicted  in  .said  court  shall  have  a  child 
or  children  under  the  age  of  twenty-one  years,  and  shall  not 
have  property  sufficient  to  maintain  such  child  or  children,  the 
said  court  may  bind  such  child  or  children  to  any  trade  or 
handicraft;  females  until  the  age  of  sixteen,  and  males  until  the 
age  of  twenty-one  years. 

346«  If  any  person  who  shall  be  summoned  as  a  witness  to 
said  court  shall  fail  to  attend  as  required  in  said  summons,  he 
shall  be  fined  by  said  court  in  its  discretion,  not  exceeding  one 
hundred  and  fifty  dollars. 


In  all  criminal  cases  in  the  said  court  in  which  bail 
shall  be  forfeited,  the  person  who  shall  have  entered  into  such 
recognizance  for  the  appearance  of  any  traverser  or  prisoner 
shall  be  liable  forthwith  to  an  attachment  for  contempt  for  the 
non-appearance  of  said  party,  which  attachment  shall  be  issued 
by  the  court  in  which  an  indictment  against  said  traverser  or 
prisoner  is  pending,  at  the  instance  of  the  attorney  prosecuting 
therein. 

348«  In  all  cases  in  which  bail  as  aforesaid  is  forfeited,  the 
court  may,  on  the  return  of  said  attachment,  order  the  person 
attached  to  stand  committed  until  the  amount  of  said  recogni- 
zance is  fully  paid  and  satisfied,  or  may  order  said  person  to  be 
discharged  upon  the  payment  of  such  lesser  sum  as  it  shall,  in 
its  discretion,  deem  proper;  provided,  such  sum  be  not  less 
than  the  amount  of  the  costs  which  may  have  accrued  in  the 
case  up  to  the  time  of  passing  such  order. 

349-  In  all  criminal  cases  removed  from  the  Circuit  Court 
for  Baltimore  County  to  the  Criminal  Court  of  Baltimore  and 
tried,  the  Judge  of  the  Criminal  Court  may  allow  to  the  State's 
Attorney  for  Baltimore  City,  in  addition  to  the  sum  now  al- 
lowed by  law,  a  compensation  not  exceeding  forty  dollars  in 
any  one  case,  to  be  paid  by  Baltimore  County  to  the  City  Reg- 
ister, for  the  benefit  of  the  State's  Attorney. 


163 

350.  The  Criminal  Court  of  Baltimore  may  appoint  assist- 
ant counsel  for  the  State  to  aid  in  the  trial  of  criminal  or  other 
State  cases  in  said  court,  whenever  in  the  judgment  of  the 
court  the  public  interest  requires  it. 

351.  The  Mayor  and  City  Council  of  Baltimore  shall  levy 
.and  pay  such  sum  as  in  their  judgment  will  be  an  adequate 
compensation  for  the  services  rendered  by  such  assistant  coun- 
sel; provided,  the  sum  levied  and  paid  in  any  single  case  shall 
not  exceed  one  hundred  dollars. 


Orphans'  Court. 

352.  The  Judges  of  the  Orphans'  Court  of  Baltimore  City 
:shall  receive  five  dollars  for  every  day's  attendance  upon  the 
sessions  of  said  Court,  to  be  paid  by  the  City  of  Baltimore 
monthly,  and  the  sessions  of  said  Court  shall  continue  from 
ii   A.  M.  until  3  P.  M.,  if  necessary  for  the  transaction  of 

.business  of  the  Court. 

353.  The  Bailiff  of  said  Orphans'  Court  shall  receive  five 
•dollars  a  day  for  each  day's  attendance  upon  said  Court. 


Register  of  Wills. 

354.  The  Register  of  Wills  of  Baltimore  City,  upon  his 
election  or  appointment,  and  at  and  before  the  expiration  of 
•every  two  years  thereafter,  shall  give  bond  to  the  State  of  Mary- 
land in  the  sum  of  thirty  thousand  dollars,  conditioned  for  the 
faithful  performance  of  all  the  duties  now  or  which  may  here- 
after be  required  of  him  by  law,  with  securities,  the  sufficiency 
of  which  shall  be  certified  by  the  Judges  of  the  Orphans'  Court 
for  said  City,  the  same  to  be  approved  by  the  Comptroller  of 
the  State,  and  when  approved,  to  be  filed  in  his  office. 

355.  When  'said  bond  is  inspected  by  the  judges  of  said 
court,  and  is  deemed  good  and  sufficient,  and  is  so  certified,  the 
same  shall  be  forthwith  entered  among  the  proceedings  of  said 
•court,  and  sent  to  the  Comptroller  for  his  approval;  and  when 


164 

said  bond  shall  be  approved  by  the  Comptroller,  he  shall  forth- 
with make  a  certificate  of  the  fact  of  such  approval,  and  send 
the  said  certificate  to  the  Judges  of  said  Orphans'  Court,  and 
the  same  shall  be  entered  among  the  proceedings  of  the  court. 

356.  A  refusal  or  neglect  on  the  part  of  said  Register  to- 
give  bond,  to  be  approved  and  recorded  as  aforesaid,  within 
the  time  prescribed,  shall  be  deemed  a  disqualification  within 
the  meaning  of  the  Constitution,  and  thereupon  his  place  shall 
be  filled  according  to  the  provisions  of  the  25th  and  41  st  sec- 
tions of  the  4th  Article  of  the  Constitution,  and  subject  to  the 
term  and  service  therein  prescribed. 


Clerks  of  Law  Courts  of  Baltimore  City. 

357.  The  Clerk  of  the  Superior  Court  of  Baltimore  City 
shall  give  bond  to  the  State  of  Maryland  in  the  sum  of  thirty 
thousand  dollars;  the  Clerk  of  the  Court  of  Common  Pleas  in, 
the  sum  of  fifty  thousand  dollars,  and  the  Clerk  of  the  Balti- 
more City  Court  in  the  sum  of  twenty  thousand  dollars,  each- 
of  said  bonds  conditioned  for  the  faithful  performance  of  all 
the  duties  now  required  of  each  of  said  clerks  by  law,  with 
sufficient  securities;  the  sufficiency  of  which  securities  shall  be 
certified  to  by  the  Judge  of  each  of  said  courts,  and  approved 
by  the  Comptroller  of  the  State  as  herein  directed. 

358.  When  the  sufficiency  of  the  securities  in  each  of  said . 
bonds  is  certified  to  by  the  judges  of  the  several  courts,  the 
bonds  shall  be  immediately  recorded  among  the  proceedings^ 
of  the  court  to  which  the  said  clerk  belongs,  and  then  sent  to 
the  Comptroller  for  his  approval ;  and  if  the  Comptroller  shall 
approve  said  bonds  and  securities  he  shall  certify  the  same  to 
the  judges  of  said  several  courts,  and  such  certificates  shall  be 
recorded  in  such  respective  courts. 

359.  Each  of  said  clerks  shall  every  second  year  renew  his- 
said  bond  in  the' same  penalty,  and  with  securities  to  be  certi- 
fied and  approved  as  hereinbefore  directed. 


165 

360.  if  any  one  of  the  clerks  of  said  courts  shall  fail  to 
•give  bond  as  hereinbefore  directed,  within  thirty  days  after  he 
has  received  his  commission,  or  shall  fail  to  give  a  new  bond 
within  thirty  days  after  the  expiration  of  two  years  from  the 
date  of  the  bond  previously  given,  it  shall  be  regarded  as  a 
misdemeanor  in  office,  and  upon  conviction  thereof  he  shall  be 
removed. 

361.  No  deputy  or  assistant  of  a  clerk  shall  become  a 
surety  on  his  official  bond. 

362.  Xhe  Clerks  of  the  Superior  Court  of  Baltimore  City, 
•of  the  Common  Pleas,  and  Baltimore  City  Court  are  each  au- 
thorized and  required  to  prepare  an  index  of  all  judgments 
rendered  in  the  courts  aforesaid;  and  they  shall  severally,  on 
•each  day  after  the  adjournment  of  court,  enter  in  a  book  to  be 
provided  for  that  purpose,  an  index  of  each  judgment  rendered 
in  the  court  whereof  he  is  clerk;  and  they  are  authorized 
severally  to  charge  and  receive  ten  cents  for  each  judgment 
indexed  as  aforesaid;  said  fee  to  be  taxed  in  the  bill  of  costs 
•of  each  case  in  which  judgment  is  entered — to  be  collected  as 
•other  fees  are  now  collected. 

363.  All  the  provisions  of  sections  57-62  of  Article  17  of  the 
'Code  of  Public  General  Laws,  title  "Clerks  of  Courts/'  sub- 
title "Clerks  of  the  Circuit  Courts,"  relating  to  the  obtaining 
•of  blank  licenses,  granting  the  same  and  returning  an  account 
thereof  to  the  Comptroller  by  the  clerks  of  the  circuit  courts 
ior  the  counties,  shall  apply  to  the  Clerk  of  the  Court  of  Com- 
mon Pleas,  and  it  shall  be  his  duty  to  comply  with  such  pro- 
visions. 

364.  Xhe  Clerk  of  the  Superior  Court  of  Baltimore  City 
:is  authorized  and  empowered  to  have  fair  and  legible  copies 
made  of  such  land  record  books  in  his  custody  of  the  classes 
>and  description  hereinafter  named,  as  have  become  worn,  mu- 
tilated or  illegible,  that  is  to  say,  fifty-six  volumes  of  the  said 
land  record  books,  of  a  date  prior  to  the  year  eighteen  hundred; 
-five  volumes  of  the  series  of  land  record  books  known  as  "W. 
G."  and  eight  volumes  of  the  said  land  record  books,  of  the 
•series  known  as  "E.  D." 


166 

i 

365.  A  copy  made  in  pursuance  of  the  provisions  of  the 
preceding  section,  and  compared  and  certified  under  oath  by 
the  said  Clerk  of  the  Superior  Court  of  Baltimore  City,  to  be  a 
true  copy,  shall  have  the  same  force  and  effect  when  deposited 
among  the  said  land  records  of  said  City,  as  if  it  were  an  origi- 
nal record. 

366.  After  the  aforesaid  copies  shall  have  been  duly  made 
as  above  provided,  the  original  land  record  books  so  replaced 
shall  be  removed  to  some  place  of  safe  keeping  by  the  said 
Clerk  of  the  Superior  Court  of  Baltimore  City,  and  carefully 
preserved,  and  only  exhibited  or  allowed  to  be  inspected  upon 
an  order  of  court,  or  in  the  discretion  of  the  said  Clerk  of  the 
Superior  Court  of  Baltimore  City. 


Clerk  of  tlie  Criminal  Court  of  Baltimore. 

367.  The  Clerk  of  the  Criminal  Court  of  Baltimore  shall; 
give  bond  to  the  State  of  Maryland  in  the  penalty  of  fourteen 
thousand  dollars,  with  sufficient  security,  to  be  approved  by 
the  Judge  of  said  court,  and  conditioned  for  the  faithful  per- 
formance of  all  the  duties  now  required,  or  which  may  here- 
after be  required  of  him  by  law,  and  to  be  recorded  in  the  office 
of  said  clerk. 

368.  The  said  clerk  shall  renew  said  bond  at  the  same  time 
and  under  the  same  penalty  as  are  prescribed  for  the  clerks  of 
the  Circuit  Courts. 


Clerk  of  Circuit  Court  of  Baltimore  City,  and  of  the  Circuit 
Court  Number  T^vo  of  Baltimore  City. 

369.  The  Clerk  of  the  Circuit  Court  of  Baltimore  City,  and 
of  the  Circuit  Court  Number  Two  of  Baltimore  City,  shall 
respectively  enter  into  bond  to  the  State  in  the  penalty  of 
twenty  thousand  dollars,  conditioned  for  the  faithful  discharge 
of  his  duties,  with  security  to  be  approved  by  the  Judge  oi 
said  courts. 


167 
Salaries  of  Clerks  of  Courts. 

370.  Whenever  the  fees  or  other  compensation  of  any  of 
the  clerks  of  the  courts  of  Baltimore  City  shall,  after  the  pay- 
ment of  all  necessary  expenses,  fail  to  pay  such  officers  the 
salary  provided  for  by  the  Constitution,  and  any  of  said  clerks 
shall,  under  section  ist,  Article  15,  of  the  Constitution,  have 
paid  to  the  State  any  sum  of  money  as  excess,  after  retaining* 
his  salary,  such  excess  is  appropriated  to  the  payment  of  the 
salary  so  in  arrear  until  each  of  said  clerks  shall  have  received 
the  full  amount  thereof;  and  it  shall  be  the  duty  of  the  Comp- 
troller of  the  State  to  draw  a  warrant  upon  the  State  Treasurer 
for  the  payment  of  said  arrears  out  of  the  said  excess,  not  to 
exceed  the  whole  amount  so  in  arrear,  and  not  to  exceed  the 
whole  amount  of  said  excess  paid  into  the  treasury  of  the 
State. 

371.  The  Comptroller  of  the  State  of  Maryland  be  and  he 
is  hereby  directed  to  draw  a  warrant  upon  the  State  Treasurer 
for  the  payment  of  the  sum  of  twenty-five  hundred  dollars  per 
annum  in  each  and  every  year,  in  quarterly  instalments  of  six 
hundred  and  twenty-five  dollars  at  the  end  of  each  and  every 
quarter,  for  the  compensation  of  the  trust  clerk  designated  by 
the  Supreme  Bench  of  Baltimore  City  in  the  offices  of  the  Cir- 
cuit Court  of  Baltimore  City  and  Circuit  Court  No.  2  of  Balti- 
more City,  for  the  supervision  of  the  trust  estates  in  said  courts, 
payment  of  said  salary  to  be  made  out  of  any  money  paid  by 
the  clerks  of  the  several  courts  of  Baltimore  City  unto  the 
State  Treasury,  and  on  the  certificate  of  some  one  of  the 
judges  of  the  Supreme  Bench  of  Baltimore  City  that  such  trust 
clerk  has  performed  his  duties  for  the  time  so  certified  by  said 
judge. 


Criers,  Bailiffs,  Watchmen  and  Stenographers. 

372.  The  Clerks  of  the  Circuit  Court,  Circuit  Court  Num- 
ber Two,  the  Criminal  Court,  the  Court  of  Common  Pleas, 
the  City  Court  and  the  Superior  Court  of  Baltimore  City  shall 
severally,  at  the  end  of  every  month,  certify  to  the  Mayor  and 


168 

Register  of  the  City  the  amount  due  the  several  bailiffs  and 
criers  of  their  respective  courts,  and  the  Mayor  and  Register 
shall  pay  them  accordingly. 

373.  The  City  Register  shall  pay  to  the  crier  of  the  Supe- 
rior Court  of  Baltimore  City,  the  crier  of  the  Baltimore  City 
Court,  and  the  crier  of  the  Court  of  Common  Pleas  of  Balti- 
more City  the  sum  of  fifteen  hundred  dollars  per  annum,  in 
monthly  instalments  of  one  hundred  and  twenty-five  dollars  at 
the  end  of  each  and  every  month,  as  and  for  their  respective 
salaries,  on  the  certificates  of  said  clerks  of  the  said, courts  that 
said  criers  have  performed  their  several  duties  as  criers  of  said 
courts  for  the  time  so  certified  by  said  clerks. 

374.  The  City  Register  shall  pay  to  the  bailiffs,  respec- 
tively, of  the  Superior  Court  of  Baltimore  City,  of  the  Court 
of  Common  Pleas  of  Baltimore  City,  of  the  Baltimore  City 
Court,  of  the  Circuit  Court  of  Baltimore  City,  of  the  Circuit 
Court  Number  Two  of  Baltimore  City  and  of  the  Criminal 
Court  of  Baltimore  City  the  sum  of  fifteen  hundred  dollars 
per  annum,  as  and  for  their  respective  salaries,  at  the  same 
time  and  in  the  same  manner  as  is  provided  in  the  preceding 
section  for  the  payment  of  the  salaries  of  the  crier  of  the  Supe- 
rior Court,  the  crier  of  the  Baltimore  City  Court  and  the  crier 
of  the  Court  of  Common  Pleas  of  Baltimore  City. 

375.  The  Clerk  of  the  Circuit  Court  of  Baltimore  City  and 
the  Clerk  of  the  Circuit  Court  Number  Two  of  Baltimore  City 
are  respectively  authorized  and  empowered  to  appoint  a  night 
watchman,  whose  duty  shall  be  to  strictly  and  vigilantly  guard 
throughout  the  year,  between  the  hours  of  six  P.  M.  and  seven 
A.  M.,  the  records  and  papers  deposited  in  their  respective 
offices,  and  who  shall  be  removed  in  the  discretion  of  the  said 
clerks,  respectively,  for  neglect  or  carelessness  in  the  discharge 
of  his  duties,  or  for  other  good  and  sufficient  cause. 

376.  The  City  Register  shall  pay  to  the  said  watchmen  the 
sum  of  nine  hundred  dollars  per  annum,  as  and  for  their  re- 
spective salaries,  in  the  same  manner  as  is  provided  for  the 
payment  of  the  salaries  of  the  bailiffs  of  the  courts. 


169 

377.  The  Clerk  of  the  Court  of  Common  Pleas  in  Balti- 
more City  is  authorized  and  empowered  to  appoint  a  night 
watchman,  whose  duty  it  shall  be  to  strictly  and  vigilantly 
guard,  throughout  the  year,  the  records  and  papers  deposited 
in  the  office  of  the  Clerk  of  the  Court  of  Common  Pleas,  and 
who  shall  be  removed,  in  the  discretion  of  the  said  clerk,  for 
neglect  or  carelessness  in  the  discharge  of  his  duties,  or  for 
other  good  and  sufficient  cause. 

378.  The  City  Register  shall  pay  to  the  said  watchman  the 
sum  of  eighty-three  dollars  and  thirty-three  cents  per  month, 
as  and  for  his  salary,  in  the  same  manner  as  is  provided  for 
the  payment  of  the  salaries  of  the  bailiffs  of  the  courts. 

379.  The  Judges  of  the  Supreme  Bench  of  Baltimore  City 
are  authorized  and  directed  to  appoint  from  time  to  time  as 
many  court  stenographers,  not  exceeding  in  number  altogether 
the  number  of  said  judges,  as  shall  in  their  discretion  be  re- 
quired for  the  services  of  the  several  courts  of  Baltimore  City, 
who  shall  be  sworn  officers  of  the  court,  and  shall  each  be 
paid  a  salary  of  fifteen  hundred  dollars  per  annum,  when  such 
stenographers  shall  be  required  to  attend  the  courts  regularly, 
or  ten  dollars  per  diem  for  each  day  of  actual  employment, 
when  he  shall  be  appointed  to  attend  only  when  his  service 
shall  be  specially  required  by  the  judge;  said  salaries  to  be 
paid  in  like  manner  as  the  salaries  of  the  other  officers  of  the 
•courts  are  now  paid  as  prescribed  in  section  372  of  this  sub- 
division. 

380.  Each   of  the   stenographers   so   appointed   shall   be 
skilled  in  the  practice  of  his  art,  and  shall  hold  his  position  dur- 
ing the  pleasure  of  the  Supreme  Bench.    It  shall  be  his  duty, 
under  the  direction  of  the  judge  of  the  court  to  which  he 
may  be  assigned  for  the  time  being,  to  take  full  stenographic 
notes  of  all  oral  testimony  and  judicial  opinions  orally  deliv- 
ered in  every  judicial  proceeding;  and  it  shall  be  his  duty  to 
furnish  to  any  party  to  such  proceeding,  upon  request,  a  type- 
written copy  of  the  notes  of  testimony  and  judicial  opinions 
so  taken  by  him,  or  of  such  part  thereof  as  may  be  required, 
on  payment  by  such  party  of  the  expenses  of  such  copy,  at 


170 

such  rates  as  shall  be  fixed  by  rule  of  court  at  the  time.  When- 
ever any  judge  shall  be  satisfied  that  a  copy  of  all  or  any  part 
of  the  stenographic  notes  of  testimony  or  judicial  opinions, 
taken  during  any  judicial  proceeding  at  which  he  presided,  is 
necessary  for  the  purpose  of  justice,  he  shall,  under  such  rules 
as  shall  be  prescribed  by  the  Supreme  Bench,  pass  an  order 
that  the  expense  of  making  a  copy  of  such  part  of  said  steno- 
graphic notes  as  he  shall  specify  in  said  order  shall  be  deemed 
a  necessary  disbursement  of  the  proceeding,  and  allowed  as 
such  to  the  prevailing  party,  and  it  shall  be  so  taxed  in  the 
bill  of  cost,  but  shall  be  paid  in  the  first  instance  as  shall  be 
directed  in  said  order. 

381.  Xhe  Judges  of  the  Orphans'  Court  of  the  City  of 
Baltimore  are  authorized  and  directed  to  appoint  a  stenog- 
rapher for  that  court,  who  shall  be  a  sworn  officer  of  the  court, 
but  shall  be  required  to  attend  the  sessions  of  such  court  only 
when  specially  summoned  by  the  presiding  judge  thereof. 
The  stenographer  so  appointed  shall  be  skilled  in  the  practice 
of  his  art,  and  shall  hold  his  position  so  long  as  he  efficiently 
discharges  the  duties  of  his  office.  In  any  proceeding  in  said 
court  in  which  either  party  shall  give  notice  that  in  the  event 
of  a  decision  of  said  court  adverse  to  the  claim  of  such  party, 
an  appeal  will  be  taken  to  the  Court  of  Appeals,  the  presiding 
judge  of  the  court  shall  require  the  attendance  of  the  stenog- 
rapher, whose  duty  it  shall  be  in  such  proceedings  to  take  full 
stenographic  notes  of  all  oral  proofs  and  judicial  opinions 
orally  delivered;  and  in  case  appeal  shall  be  taken  from  the 
decision  of  the  court,  such  notes  shall  be  transcribed,  and  after 
being  signed  by  the  witnesses,  deponents  or  affiants,  shall  be- 
come a  portion  of  the  record  of  the  case,  to  be  transmitted  by 
the  judges  of  the  court  to  the  Court  of  Appeals.  By  consent 
of  the  parties  to  the  proceeding  in  which  such  proofs  shall  be 
taken,  and  of  the  judges  of  said  court,  the  signing  of  such 
record  of  proof  by  the  witness,  deponent  or  affiant,  may  be 
waived;  in  which  case  such  record,  after  being  authenticated 
by  the  certificate  of  said  stenographer,  or  of  the  presiding 
judge  of  the  court,  shall  be  deemed  to  be  the  record  of  any 
proofs  or  proceedings  so  taken.  The  stenographer  shall  re- 
ceive as  compensation  for  his  services  the  sum  of  eight  dollars 


171 

for  each  day  of  actual  attendance  at  the  court,  by  direction  of 
the  presiding  judge  thereof,  which  sum  the  presiding  judge 
shall  cause  to  be  paid  equally  by  the  respective  parties  to  the 
proceeding  in  which  the  notes  shall  be  taken,  and  shall  en- 
force payment  thereof;  and  if  the  notes  so  taken  shall  be 
transcribed,  as  hereinbefore  provided,  the  expense  of  such 
transcription,  at  the  rate  of  ten  cents  for  each  one  hundred 
words  so  transcribed,  shall  be  taxed  in  the  bill  of  costs  of  the 
proceeding  to  the  party  appellant,  and  shall  thereafter  be 
awarded  as  costs  by  the  Court  of  Appeals,  in  accordance  with 
the  provisions  of  the  Code  of  Public  General  Laws. 

382.  The  stenographer  in  each  of  the  courts  hereinbefore 
named  may  appoint  an  assistant  stenographer,  who  shall  also 
be  a  sworn  officer  of  the  court,  to  assist  him  in  the  discharge 
of  his  duties;  provided,  that  no  additional  compensation  shall 
be  paid  or  expense  incurred  by  reason  of  such  appointment. 


Sheriff. 

383.  The  Sheriff  of  Baltimore  City  shall  be  allowed  four 
dollars  per  day  for  every  day  he  shall  attend,  either  in  person 
or  by  deputy,  in  the  Superior  Court  of  Baltimore  City,  and  in 
the  Court  of  Common  Pleas,  and  in  the  Baltimore  City  Court, 
and  in  the  Criminal  Court  of  Baltimore,  to  be  paid  to  him  out 
of  the  money  received  as  fees  or  fines  in  the  Sheriff's  office, 
belonging  to  the  State. 

384»  Any  officer  may  send  out  his  fees  on  execution  at  any 
time  during  the  year. 

385.  The  Sheriff  shall  collect  the  fees  due  to  the  following 
officers,  which    may  be    placed    in  his    hands  for  collection, 
namely:  attorneys,  clerks  of  all  the  courts,  commissioner  of 
the  land  office,  coroners,  criers,  registers  of  wills,  surveyors 
and  sheriffs. 

386.  The  Sheriff  may  distrain  or  execute  the  goods  and 
chattels  of  any  person  against  whom  any  fees  are  placed  in  his 


172 

hands  for  collection;  provided,  he  has  sixty  days  previously 
delivered  to  such  person,  or  left  at  his  place  of  abode,  an  ac- 
count of  such  fees. 


Witnesses.  Docket  Entries  and  Records. 

387.  Witnesses  attending  any  of  the  Courts  of  Baltimore 
•City,  except  the  Criminal  Court  of  Baltimore,  shall  be  entitled 
to  fifty  cents  a  day,  and  in  the  Criminal  Court  shall  not  be 
•entitled  to  said  allowance,  except  by  the  express  'order  of  the 
Court,  and  only  in  such  cases  as  the  Court  in  its  discretion  may 
-deem  proper.  But  any  of  the  Courts  of  Baltimore  City  may, 
in  its  discretion,  allow  itinerant  charges  to  out-of-town  wit- 
nesses. 

388«  In  any  suit  now  pending,  or  hereafter  to  depend,  in 
any  court  in  the  City  of  Baltimore,  wherein  a  transcript  of  the 
record  of  any  cause  in  any  other  court  in  the  City  of  Baltimore 
might  be  offered  in  evidence,  it  shall  be  sufficient  to  produce 
the  docket  entries  and  original  papers  and  proceedings  in  said 
last-mentioned  cause,  or  the  record  book  in  which  the  same 
have  been  recorded,  if  required  by  law  to  be  recorded,  and 
actually  recorded,  and  offer  the  same  in  evidence;  and  the 
same,  when  so  produced  and  offered  in  evidence,  shall  have  the 
same  effect,  to  all  intents  and  purposes,  as  a  transcript  of  the 
record  thereof,  under  the  seal  of  the  court  wherein  the  same 
are;  and  such  production  may  be  had  by  any  party  to  a  suit 
upon  a  subpoena  duces  tecum  issued  to  the  clerk  of  the  court 
wherein  such  docket  entries,  original  papers  and  proceedings 
may  be. 

Costs. 

389.  ln  an  actions  at  law  for  wrongs,  independent  of  con- 
tracts, in  any  of  the  courts  of  Baltimore  City,  where  the  ver- 
dict or  inquisition  of  damages  after  default  made  shall  be  for 
a  sum  less  than  fifty  dollars,  the  cost  shall  be  adjudged  to 
the  defendant,  unless  the  Court  shall  otherwise  determine;  but 
the  Court,  before  allowing  costs  to  the  plaintiff  in  such  case, 
shall  be  satisfied  that  he  had  good  reason  for  not  bringing  suit 


173 

oefore  a  Justice  of  the  Peace ;  and  in  all  cases  of  appeals  what- 
soever from  judgments  of  Justices  of  the  Peace  in  Baltimore 
City,  costs  shall  be  allowed  to  plaintiff  or  defendant,  in  the  dis- 
cretion of  the  Court;  provided,  that  in  all  cases  involving  the 
title  to  real  estate,  wherein  the  verdict  or  judgment  is  for  the 
plaintiff,  he  shall  be  allowed  his  costs. 

CRUELTY    TO    ANIMALS. 

390.  if  any  person  shall  wilfully  cause  or  procure  any 
bull-baiting,  cock-fighting  or  the  fighting  of  dogs,  in  the  City 
of  Baltimore,  or  shall  wilfully  and  wickedly  kill,  cripple  or  com- 
mit acts  of  cruelty  upon  animals  in  said  City,  or  any  of  the 
streets,  lanes  or  alleys  thereof,  every  such  person  and  those 
aiding  therein  shall  be  liable  to  prosecution  and  punishment 
in  the  Criminal  Court  of  Baltimore  as  for  other  misdemeanors. 

391.  Whoever    shall    unnecessarily    overdrive,    overload,, 
overwork,  torture,  torment,  deprive  of  necessary  sustenance, 
cruelly  or  unnecessarily  beat,  cruelly  mutilate  or  cruelly  kill,  or 
cause  to  procure  to  be  so  unnecessarily  overdriven,  overloaded, 
overworked,  tortured,  tormented,  deprived  of  necessary  suste- 
nance, cruelly  or  unnecessarily  beaten,  mutilated  or  killed,  any 
horse,  ox  or  other  animal,  shall  be  punished  by  a  fine  of  not 
less  than  five  dollars,  nor  more  than  twenty  dollars,  to  be  re- 
covered on  complaint  of  any  member  of  the  Society  for  the 
Prevention  of  Cruelty  to  Animals,  or  by  any  other  person,  be- 
fore any  Justice  of  the  Peace  in  Baltimore  City,  or  before  any 
Justice  of  the  Peace  or  Judge  of  any  court  in  any  county  in  this 
State. 

392.  Every  owner,  driver  or  possessor,  or  person  having 
charge  or  custody  of  a  maimed,  disabled  or  diseased  horse, 
mule  or  other  animal,  who  shall  cruelly  work  the  same  when 
unfit  for  work,  or  cruelly  abandon  the  same,  shall  be  punished 
in  the  same  manner  as  provided  in  section  391. 

393«  It  shall  be  the  duty  of  any  Justice  of  the  Peace  in 
the  City  of  Baltimore,  or  the  judge  of  any  court  therein,  or  in 
any  county  in  this  State,  before  whom  is  brought  for  trial  any 
person  charged  with  the  violation  of  any  of  the  provisions  of 


174 

this  sub-division  of  this  Article,  to  admit  the  president  of  the 
Society  for  the  Prevention  of  Cruelty  to  Animals,  or  the  coun- 
sel of  said  society,  to  aid  any  State's  Attorney  in  the  prosecu- 
tion of  such  person. 

394-  Any  person  who  shall  keep  or  use  any  bull,  bear  or 
dog,  for  the  purpose  of  fighting  or  baiting  the  same,  or  as  a 
target  to  be  shot  at,  either  for  amusement  or  as  a  test  of  skill 
in  marksmanship,  or  who  shall  be  a  party  to  or  be  present  as  a 
spectator  at  any  such  fighting,  baiting  or  shooting  of  any  bear, 
bull  or  dog,  or  any  person  who  shall  rent  any  room,  shed, 
ground  or  premises  for  the  purpose  of  fighting,  baiting  or 
shooting  any  animal,  as  aforesaid,  shall,  upon  conviction 
thereof,  be  deemed  guilty  of  a  misdemeanor,  and  be  punished 
by  a  fine  of  not  less  than  fifty  dollars,  or  be  imprisoned  in  the 
jail  of  the  City  of  Baltimore,  or  in  the  county  jail  of  the  county 
in  which  the  offense  may  have  been  committed,  for  not  less 
than  thirty  days  nor  more  than  ninety  days,  or  be  both  fined 
and  imprisoned,  in  the  discretion  of  the  court  before  whom 
such  person  may  be  tried  and  convicted. 


DEAF,  DUMB  AND  BLIND. 

395.  It  shall  be  the  duty  of  the  Mayor  and  City  Council 
of  Baltimore,  on  the  application  of  any  parent,  guardian  or 
next  friend  (provided  such  parent,  guardian  or  next  friend  has 
been  a  bona  fide  citizen  of  this  State  for  at  least  two  years 
previous  to  such  application)  of  any  deaf  and  dumb  person  of 
teachable  age  and  capacity,  not  exceeding  the  age  of  twenty- 
one  years,  to  inquire  into  the  age  and  capacity  of  said  deaf 
and  dumb  person,  and  also  into  the  ability  of  such  person,  his 
or  her  parent  or  guardian,  to  pay  the  expense  of  his  or  her 
education;  and  if  satisfied  by  evidence  produced  that  such 
person  is  of  teachable  age,  and  is  endowed  with  capacity  to 
receive  instruction,  and  that  neither  person,  or  his  or  her 
parents  or  guardian  is  possessed  of  means  to  pay  for  such  in- 
struction, then  it  shall  be  the  further  duty  of  the  Mayor  and 
City  Council  of  Baltimore  aforesaid  to  certify  the  same  to  the 
Governor  of  this  State. 


175 

396.  On  receiving  the  certificate  of  the  Mayor  and  City 
Council  of  Baltimore  as  aforesaid,  it  shall  be  the  duty  of  the 
Governor  to  authorize  the  instruction  of  said  deaf  and  dumb 
person  in  the  Maryland  Institute  for  the  Education  of  the  Deaf 
and  Dumb,  located  at  Frederick,  for  a  term  not  exceeding 
seven  years;  and  it  shall  be  the  further  duty  of  the  Governor, 
on  the  certificate  of  the  president  of  said  institution  that  such 
deaf  and  dumb  person  has  been  taught  at  said  institution,  to 
order  the  Comptroller  of  the  Treasury  to  draw  his  warrant  on 
the  Treasurer  of  the  State  for  two  hundred  dollars  per  annum 
for  each  deaf  and  dumb  person  taught  in  pursuance  of  his 
authority  at  said  institution,  payable  to  the  president  thereof, 
in  quarterly  payments,  on  the  first  days  of  January,  April, 
July  and.  October  in  each  year;  and  the  Governor  shall  also 
order  the  Comptroller  of  the  Treasury  to  draw  on  the  State 
Treasurer  his  warrant,  payable  to  the  proper  party,  for  the 
expenses  necessarily  incurred  in  transporting  and  returning 
said  deaf  and  dumb  person;  provided,  that  the  whole  amount 
drawn  from  the  treasury  for  the  purposes  aforesaid  shall  not 
exceed  seven  thousand  five  hundred  dollars  in  any  one  year; 
provided  further,  that  the  Governor  shall  dispose  of  applica- 
tions in  behalf  of  deaf  and  dumb  persons,  under  the  provisions 
of  this  sub-division  of  this  Article,  in  the  order  in  which  they 
may  be  made  ;  and  if  the  applications  be  more  than  sufficient  to 
absorb  the  foregoing  appropriation,  he  shall  suspend  the  ac- 
tion upon  the  excess  until  vacancies  occur,  or  further  provision 
be  made  by  the  General  Assembly. 


A  sum  not  exceeding  twenty-one  thousand  dollars 
shall  be  and  is  hereby  annually  appropriated,  to  be  applied,  un- 
der the  direction  of  the  Governor,  in  placing  for  instruction  in 
the  Maryland  Institution  for  the  Instruction  of  the  Blind,  such 
indigent  blind  persons  of  the  age  of  nine  years  and  upwards, 
inhabitants  of  this  State  and  the  county  or  City  from  which 
they  are  recommended,  to  the  Governor  by  the  county  com- 
missioners of  each  county,  or  the  judges  of  the  Orphans'  Court 
of  Baltimore  Cit. 


398.     The  recommendation  shall  state  that  such  blind  per- 
sons are  in  such  indigent  circumstances  as  to  be  unable,  from 


176 

their  own  resources,  or  those  of  their  parents,  to  obtain  instruc- 
tion, and  are  of  good  natural  capacity. 

399.  The  amount  per  annum  paid  for  any  one  individual 
shall  not  exceed  the  sum  of  three  hundred  dollars,  nor  the 
term  of  instruction  eight  years. 

400.  The  Governor  shall  report  to  the  General  Assembly 
at  each  regular  session  thereof  the  amount  of  money  expended 
by  him  in  pursuance  of  the  provisions  of  this  sub-division    of 
this  Article,  and  the  names,  ages  and  places  of  residence  of  the 
different  applicants. 

DESTROYING  PROPERTY   MALICIOUSLY. 

40 !•  If  any  person  shall  maliciously  cut,  disfigure,  muti- 
late, damage,  destroy,  or  otherwise  injure  any  goods,  wares, 
materials  or  merchandise  intended  to  be  manufactured,  made 
up  or  converted  into  garments,  wearing  apparel  or  other  ar- 
ticles of  merchandise,  and  belonging  to  any  other  person,  or 
shall  maliciously  cut,  disfigure  or  otherwise  injure  any  gar- 
ments, wearing  apparel  or  other  articles  of  merchandise  be- 
longing to  any  other  person,  or  shall  cause  the  same  to  be 
done,  or  shall  by  any  means  cause  or  incite  any  person  to  do 
the  same,  upon  conviction  thereof,  before  any  tribunal  of  com- 
petent jurisdiction,  he  shall  be  fined  not  more  than  fifty  dol- 
lars, or  be  sentenced  to  imprisonment  in  the  House  of  Correc- 
tion for  not  more  than  six  months, -or  both  fined  and  impris- 
oned in  the  discretion  of  the  court. 

ELECTIONS — PRIMARY. 

4O2.  All  primary  elections  hereafter  to  be  held  in  the  City 
of  Baltimore  by  any  political  party,  which,  at  the  preceding 
general  election  polled  a  sufficient  percentage  of  the  vote  cast 
to  entitle  it  to  have  its  candidates  placed  upon  the  official  ballot 
by  nominations  made  by  primary  elections,  or  by  convention, 
shall  be  by  ballot,  and  at  such  time,  in  such  manner,  and  subject 
to  such  rules  and  regulations  as  may  be  prescribed  by  the  regu- 
lations, customs  and  party  usages  of  the  political  party  holding 
such  primary  elections,  and  not  inconsistent  with  the  provis- 
ions of  this  Article. 


177 

403.  if  any  person  at  any  primary  election  of  any  political 
party,  held  hereafter  in  the  City  of  Baltimore  for  the  purpose 
of  selecting  one  or  more  candidates  to  be  voted  for  by  the  peo- 
ple for  public  office,  or  for  the  purpose  of  selecting  delegates  to 
any  convention  of  such  political  party,  shall  knowingly  per- 
sonate and  vote,  or  attempt  to  vote  in  the  name  of  any  other 
person,  whether  living,  dead,  or  fictitious,  or  vote  or  attempt 
to  vote  more  than  once  at  any  such  primary  election,  or  know- 
ingly and  fraudulently  vote,  or  attempt  to  vote  at  a  place  where 
he  is  not  entitled  to  vote,  or  by  force,  threat,  intimidation, 
bribery,  reward  or  offer  thereof,  unlawfully  prevent  any  person 
entitled  to  vote  at  such  primary  election,  from  freely  exercising 
his  right  to  vote  thereat,  or  by  any  fraudulent  means,  induce  or 
compel  any  person  entitled  to  vote  to  refuse  to  or  abstain  from 
exercising  such  right,  or  induce  or  compel  by  any  fraudulent 
means  any  judge  or  other  officers  of  any  such  primary  election, 
to  receive  a  vote  from  any  person  not  entitled  to  cast  such  vote, 
he  shall,  on  conviction  thereof,  be  deemed  guilty  of  a  misde- 
meanor, and  be  punished  by  a  fine  of  not  more  than  two  hun- 
dred dollars  or  by  imprisonment  in  jail,  for  not  more  than  six 
months,  or  by  both  such  fine  and  imprisonment,  in  the  discre- 
tion of  the  court. 


If  any  judge,  or  other  officer  of  a  primary  election 
shall  knowingly  and  fraudulently  receive  a  vote  from  any  per- 
son not  entitled  to  vote,  at  such  primary  election,  or  knowingly 
and  fraudulently  refuse  to  receive  the  vote  of  any  person  enti- 
tled to  vote  at  such  primary  election,  or  shall  fraudulently  make, 
sign,  publish  or  deliver  any  false  tally  or  return  of  the  result  of 
any  such  primary  election,  or  any  certificate  of  the  result  of  a 
primary  election,  knowing  the  same  to  be  false,  he  shall,  on 
conviction  thereof,  be  deemed  guilty  of  a  misdemeanor,  and  be 
punished  by  a  fine  of  not  more  than  three  hundred  dollars,  or 
by  imprisonment  in  jail  for  not  more  than  six  months,  or 
by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court. 

405.  If  any  person,  whether  an  officer  of  such  primary  elec- 
tion or  not,  shall  knowingly  and  fraudulently  put  any  ballot, 
or  other  paper,  having  the  semblance  of  a  ballot,  into  any  bal- 


178 

lot  box  being  used,  or  to  be  used  for  receiving  the  votes  at  any 
such  primary  election,  with  intent  to  affect  the  result  of  such. 
primary  election,  during  such  primary  election,  and  in  good. 
faith  received  as  such,  or  if  any  person  shall,  before  or  during, 
the  canvass  of  ballots  at  any  such  primary  election,  in  any  man- 
ner change,  substitute  or  alter  any  ballot  taken  from  the  ballot 
box,  then  being  canvassed  or  about  to  be  canvassed,  or  shall 
remove  any  ballot  or  semblance  thereof  from,  or  add  any  ballot 
or  semblance  thereof  to,  the  ballot  taken  from  such  ballot  box,, 
and  then  being  canvassed,  he  shall,  on  conviction  thereof,  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a. 
fine  of  not  more  than  three  hundred  dollars,  or  by  imprison- 
ment in  jail  for  not  more  than  six  months,  or  by  both  such  fine- 
and  imprisonment,  in  the  discretion  of  the  court. 

4O6-  If  any  oath  or  affirmation  is  administered  by  the- 
judges  or  other  officers  of  any  primary  election,  to  any  person 
or  persons,  for  the  purpose  of  determining  the  right  of  such 
persons,  or  of  any  other  person,  to  vote  at  such  primary  elec- 
tion, and  any  person  taking  such  oath  shall  wilfully  and  pur- 
posely swear  falsely  in  regard  to  any  matter  so  inquired  of,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  be  punished  by  a  fine  of  not  more  than  three  hundred 
dollars,  or  by  imprisonment  in  jail  for  not  more  than  six 
months,  or  by  both  such  fine  and  imprisonment,  in  the  discre- 
tion of  the  court. 


One  accredited  representative  of  each  and  every  can- 
didate or  group  of  candidates,  to  be  voted  for  at  each  primary 
election,  to  be  designated  in  writing,  by  such  candidates  or 
group  of  candidates,  and  in  case  of  his  necessary  absence  a  sub- 
stitute similarly  selected,  shall  be  entitled  to  be,  and  remain  in 
full  view  of  the  ballot  box  from  the  opening  to  the  close  of  the- 
election,  and  during  the  count  of  the  ballots,  shall  be  entitled 
to  take  such  position  as  will  enable  him  to  scrutinize  the  ballots 
as  they  are  counted  by  the  proper  officers  of  the  primary  elec- 
tion, and  a  refusal  to  permit  any  such  duly  accredited  repre- 
sentative to  exercise  such  rights,  shall  be  a  misdemeanor,  pun- 
ishable by  a  fine  not  exceeding  two  hundred  dollars,  or  by  im- 
prisonment not  exceeding  three  months,  or  by  both  fine  and; 
imprisonment,  in  the  discretion  of  the  court. 


179 

If  at  the  place  appointed  for  holding  any  such  election, 
and  when  ten  minutes  after  the  time  fixed  for  beginning  the 
same  have  expired,  any  one  or  more  of  the  judges  so  elected 
shall  fail  to  appear,  or  appearing,  shall  not  have  qualified,  the 
other  judges  or  judge  present  and  qualified  shall  appoint  from 
among  the  friends  of  the  candidate  in  whose  interest  said  judge 
or  judges  who  failed  to  appear  was  or  were  appointed,  some 
other  person  or  persons  having  the  requisite  qualification  to 
act  as  judge  or  judges  of  said  election,  and  administer  to  him 
or  them  the  oath  or  affirmation  required  in  the  preceding  sec- 
tion, so  that  there  shall  always  be  three  judges  at  such  election; 
and  if  any  or  both  of  said  clerks  shall  fail  to  appear  or  qualify 
within  the  time  aforesaid,  the  judges  of  election  of  said  ward 
shall  appoint  from  among  the  friends  of  the  candidate  in  whose 
interest  said  clerk  was  appointed,  one  or  both  clerks,  as  the 
case  may  be,  having  the  requisite  qualifications,  and  qualify 
them  to  act  as  such;  no  votes  shall  be  received  by  said  judge  or 
judges  until  the  number  of  judges  and  clerks  shall  have  been 
completed  and  qualified  as  provided  under  the  provisions  of 
this  sub-division  of  this  Article. 

409.  TXQ  person  shall  vote  at  any  such  election  who  is  not  a 
duly  qualified  and  registered  voter  in  the  ward  where  he  offers 
to  vote,  and  has  not  also  the  qualifications  prescribed  and  pub- 
lished as  hereinbefore  required  by  the  managing  convention  of 
the  political  association  or  party  under  whose  authority  the 
election  is  called. 

410.  It  shall  be  the  duty  of  the  executive  committee  of  the 
managing  convention  of  the  political  association  under  whose 
authority  such  election  is  called,  to  furnish  to  the  Board  of  Po- 
lice of  said  City,  a  ballot-box  for  each  ward,  containing  a  poll 
book,  a  printed  copy  of  this  law,  and  of  the  resolutions  and  rules 
adopted  by  said  managing  convention  for  the  conduct  of  the 
election,  and  a  copy  of  the  registration  lists  of  the  ward,  duly 
certified  by  the  Clerk  of  the  Superior  Court;  the  said  clerk 
being  required  to  furnish  such  certified  copies  to  any  such  ex- 
ecutive committee  upon  demand,  and  upon  the  payment  of  the 
usual  fees;  and  it  shall  be  the  duty  of  the  said  Board  of  Police 
to  cause  the  said  ballot-boxes  to  be  delivered  immediately 


180 

before  the  opening  of  such  election,  to  the  judges  of  election 
of  each  ward,  at  the  respective  polling  places ;  before  any  ballot 
shall  be  received,  the  ballot-boxes  shall  be  inspected  by  the 
judges  of  election  in  the  presence  of  any  persons  who  may 
choose  to  attend,  and  placed  in  a  conspicuous  position,  in  full 
view  of  persons  outside  the  polling  place,  and  shall  not  be 
moved  nor  unlocked  until  after  the  election  is  over  and  the 
votes  are  to  be  counted. 

41  !•  The  said  judges  of  elections  shall  have  power  to  ex- 
amine under  oath,  to  be  administered  by  them,  any  person  offer- 
ing to  vote  at  any  such  election,  touching  his  qualifications  and 
right  to  vote;  but  before  such  examination  it  shall  be  their  duty 
to  take  from  him  the  ballot  which  he  shall  tender,  and  in  case 
of  the  rejection  of  the  said  ballot  they  shall  not  put  said  ballot 
in  the  ballot-box,  but  preserve  it  and  all  other  rejected  ballots, 
and  return  them  with  the  names  and  residences  of  the  persons 
offering  them,  endorsed  on  the  back  thereof,  in  a  sealed  pack- 
age, to  the  president  of  the  managing  convention,  to  be  kept 
by  him  in  the  same  manner  as  legal  ballots  are  hereinafter  re- 
quired to  be  kept. 

412.  Every  voter  shall  deliver  to  the  judge  or  judges  of 
election  of  the  ward  in  which  he  offers  to  vote  a  ballot  on  which 
shall  be  written  or  printed  the  name  or  names  of  the  person  or 
persons  voted  for,  and  the  position  for  which  the  vote  is  given 
plainly  designated ;  and  the  ballots  so  delivered  to  and  received 
by  the  judges  of  election  shall  be  deposited  in  the  ballot-box 
until  the  poll  is  closed. 

413'  It  shall  be  the  duty  of  the  said  clerks  of  election  to 
enter  the  name  and  residence  of  each  person  who  casts  a  vote 
at  said  election,  plainly  in  the  poll  book,  and  also  to  perform 
such  other  duties  as  are  prescribed  by  this  sub-division  of  this 
Article  to  be  by  them  performed. 

414.  No  person  shall  be  permitted  to  be  in  the  room  se- 
lected as  the  polling  place  of  the  ward  during  the  time  any  such 
election  is  being  held,  except  the  judges,  clerks  and  such  police 
officers  as  may  be  designated  to  attend  thereat  by  the  Police 


181 

Board,  upon  request  made  to  said  board  in  writing  by  the  exec- 
utive committee  of  the  City  convention  of  the  party  holding  the 
election;  after  the  election  is  closed  any  candidate,  or  a  person 
designated  by  him,  and  such  other  persons  whom,  in  the  judg- 
ment of  the  judges  of  election,  it  may  be  proper  to  admit,  to 
guarantee  the  fairness  o*f  the  count,  shall  be  entitled  to  be  pres- 
ent during  the  counting  of  the  ballots. 

415.  When  the  poll  shall  be  closed,  the  box  wherein  the 
ballots  are  deposited  shall  immediately  thereafter  be  opened 
by  the  judge  or  judges  of  election,  and  the  said  judge  or  judges 
shall  publicly,  in  the  presence  of  the  persons  designated  in  the 
preceding  section,  carefully  take  out  the  said  ballots  and  read 
distinctly  and  aloud  the  name  or  names  written  or  printed 
thereon,  respectively,  and  the  clerks  of  said  election  shall  care- 
fully enter  and  keep  an  account  of  the  same  on  the  poll  book, 
so  that  the  number  of  votes  for  each  candidate  tallied  thereon 
may  be  readily  cast  up  and  known. 

416-  If  upon  opening  any  of  said  ballots  there  be  found 
any  rnore  names  written  or  printed  thereon  than  there  ought 
to  be,  or  if  any  two  or  more  of  such  ballots  be  deceitfully  folded 
together,  or  if  the  purpose  for  which  the  vote  is  given  is  not 
plainly  designated  thereon,  such  ballot  shall  be  rejected  and 
not  counted. 

417-  As  soon  as  the  ballots  shall  be  read  off  and  counted, 
and  the  number  for  each  candidate  reckoned  up  and  ascer- 
tained, the  judge  or  judges  of  election  shall  make  out,  under  his 
or  their  hands,  attested  by  the  clerks  of  election  or  one  of  them, 
on  the  poll  book,  a  plain,  fair  and  distinct  certificate  of  the  num- 
ber of  votes. which  shall  have  been  then  and  there  given  for  each 
candidate,  distinguishing  the  station  or  office  for  which  he  has 
been  voted ;  such  certificate  to  be  as  near  as  possible  in  the  form 
of  the  like  certificate  required  from  the  judges  of  election  under 
the  general  election  law  of  this  State. 

418.  The  return  judges  of  election  shall  return,  on  the  day 
tollowing  the  day  on  which  any  election  shall  be  held  under 
this  law,  before  twelve  o'clock,  noon,  the  ballots  cast  and  the 


182 

ballots  rejected  at  such  election,  in  separate  sealed  packages, 
and  the  poll  books  and  certificates  aforesaid,  to  the  presiding 
officer  of  the  managing  convention  of  the  political  association 
or  party  under  whose  authority  the  election  was  called,  who 
shall  immediately  thereupon  publicly  announce  the  result;  such 
packages  shall  be  destroyed  after  the  expiration  of  thirty  days, 
by  said  presiding  officer,  without  breaking  the  seal  unless  they 
are,  before  that  time,  demanded  by  the  executive  committee  of 
such  managing  convention,  to  be  used  as  evidence  in  cases  of 
contest  among  any  of  the  candidates  at  such  election. 

419.  Xhe  executive  committee  of  any  such  managing  con- 
vention shall  have  full  power  to  hear  and  determine  all  ques- 
tions of  contest  between  any  candidates  voted  for  at  such  elec- 
tion, and  to  prescribe  the  rules  to  govern  all  such  contests,  and 
may  demand  and  receive  for  such  purpose  from  the  presiding 
officer  of  such  convention,  the  poll  books,  certificates  and  bal- 
lots returned  to  him  by  the  judges  of  election ;  and  for  such  pur- 
pose shall  have  power  to  summon  witnesses  and  examine  them 
under  oath,  to  be  administered  by  the  acting  chairman  of  such 
committee. 

42°-  It  shall  be  the  duty  of  the  return  judges  of  said  elec- 
tion, immediately  after  each  election  at  which  he  has  acted  as 
such,  to  appear  before  the  Grand  Jury  of  the  Criminal  Court  of 
Baltimore,  to  be  examined  touching  any  and  all  violations  of 
the  provisions  of  this  sub-division  of  this  Article,  of  which  he 
may  have  personal  knowledge,  to  have  been  committed  at  such 
election,  or  to  furnish  to  said  Grand  Jury,  before  their  adjourn- 
ment, his  or  their  certificate,  signed  by  him,  and  under  oath 
made  and  certified  before  a  Justice  of  the  Peace  of  said  City, 
that  he  did  not  know  and  had  no  reason  to  believe  that  any 
such  offences  had  been  committed  at  such  election,  which  cer- 
tificate shall  be  returned  by  the  Grand  Jury  to  the  said  court, 
and  preserved  and  recorded  by  the  clerk  thereof. 

421.  The  return  judges  at  any  such  election  shall  each  re- 
ceive five  dollars  per  diem,  and  the  other  judges  and  clerks  of 
election,  two  dollars  and  a-half  per  diem,  for  their  respective 
services,  to  be  paid  by  and  recoverable  from  the  members  of 


183 

the  executive  committee  of  the  managing  convention  of  the 
political  association  under  whose  authority  the  election  was 
-called. 

422.  If  at  any  election  held  under  the  terms  of  this  sub- 
division of  this  Article,  any  person  knowingly  personates  any 
voter,  or  votes  in  the  name  of  any  other  person,  whether  liv- 
ing, dead  or  fictitious,  or  votes  more  than  once  at  the  same  elec- 
tion for  any  candidate  for  the  same  office,  or  votes  without 
having  a  lawful  right  to  vote,  or  unlawfully  prevents  any  quali- 
fied voter  from  freely  exercising  his  right  to  vote,  or  interferes 
in  any  manner  with  any  judge  or  clerk  of  such  election  in  the 
discharge  of  his  duties,  he  shall  be  guilty  of  a  misdemeanor, 
and  punished,  upon  conviction,  by  a  fine  of  not  more  than  one 
hundred  dollars,  or  by  imprisonment  for  not  more  than  thirty 
-days. 

423.  if  any  judge  or  clerk  of  election  shall  fraudulently 
•make  any  false  certificate  of  the  result  of  such  election,  or  with- 
hold, conceal  or  destroy  any  such  certificate  of  any  election 
returns,  tally  lists  or  poll  book,  or  take  unlawfully  from  the 
custody  of  the  judges  of  election,  or  destroy  any  ballot-box,  or 
withdraw  therefrom  illegally  any  ballot  or  ballots  which  have 
been  deposited  therein,  or  attempt  or  commit  any  violence 

^against  any  person  having  lawful  charge  of  the  same,  or  against 
any  judge  or  clerk  of  election  in  the  discharge  of  his  duty  as 
such,  he  shall  be  guilty  of  a  misdemeanor,  and  punished,  upon 
conviction,  by  a  fine  of  not  more  than  one  hundred  dollars,  or 
"by  imprisonment  of  not  more  than  thirty  days. 


A  substantial  compliance  with  the  requirements  of 
this  sub-division  of  this  Article  is  all  that  shall  be  required  to 
be  proven  in  the  prosecution  of  any  person  violating  the  pro- 
visions  of  the  preceding  sections. 

425.  Xo  expense  shall  be  incurred  by  the  City  of  Balti- 
more in  the  conduct  of  any  elections  held  under  the  provisions 
of  this  sub-division  of  this  Article. 


184 

EXAMINING    ENGINEERS. 

426.  Xhe  Governor  shall  biennially  appoint,  in  and  for  the 
City  of  Baltimore,  two  engineers  who  have  had  not  less  than  ten 
years'  practical  experience  in  running  steam  engines,  boilers 
and  appliances  pertaining  to  stationary  or  portable  engines,  and 
who  have  been  residents  of  this  State  for  not  less  than  five  years 
next  preceding  the  date  of  their  appointment,  who  shall  con- 
stitute and  be  known  as  the  "Board  of  Examining  Engineers."" 
The  parties  so  appointed,  before  entering  on  their  duties,  shall 
make  oath  before  a  Justice  of  the  Peace  that  they  will  faithfully 
perform  the  duties  of  their  office  without  fear,  partiality  or 
favor;  and  that  they  will  not,  during  their  term  of  office,  accept 
any  money,  gift,  gratuity  or  consideration  from  any  person, 
and  shall  give  bond  to  be  approved  by  the  Comptroller  of  the 
State,  in  the  sum  of  three  thousand  dollars  each,  for  the  faithful 
discharge  of  their  duties ;  and  before  entering  on  said  discharge 
of  their  said  duties,  the  said  inspectors  shall  provide  themselves- 
with  an  office  in  a  proper  location  in  the  City  of  Baltimore,  and 
shall  give  notice  by  publication  for  at  least  five  days  through  the 
two  daily  papers  having  the  largest  circulation  in  said  City,  of 
the  time  and  manner  in  which  they  will  make  the  examinations 
hereinafter  provided  for. 

427.  The  said  board  shall  have  general  supervision  of  alL 
stationary  engineers  within  the  City  of  Baltimore;  it  shall  be 
their  duty  to  examine  all  engineers  of  the  age  of  twenty-one 
years  or  upward,  who  shall  apply  to  them  for  examination ;  and 
to  give  to  all  parties  so  examined  a  certificate  of  proficiency,  it. 
found  proficient,  and  to  refuse  to  give  such  certificate  if  not 
found  proficient;  and  the  parties  so  receiving  such  certificate 
shall  pay  to  said  board  the  sum  of  three  dollars  for  each  certifi- 
cate so  issued,  and  for  all  renewals  of  all  grades  the  sum  of  one 
dollar  and  fifty  cents ;  said  certificates  shall  be  of  three  grades ; 
a  certificate  of  the  first  grade  will  permit  the  holder  thereof  to 
take  charge  of  any  plant  of  machinery  from  one  to  five  hun- 
dred horse-power,  and  the  third  grade  to  take  charge  of  any 
plant  of  machinery  from  one  to  thirty  horse-power;  and  the 
said  certificate  shall  run  for  the  term  of  one  year,  and  shall  be 
renewed  annually,  the  term  of  beginning  of  said  certificate  to> 


185 

be  from  the  date  of  the  examination  of  the  respective  applicant ; 
provided,  that  no  engineer  having  such  certificate  shall  have 
charge  of  more  than  one  plant  of  machinery  at  the  same  time 
unless  .said  plant  be  of  the  same  company  and  at  one  and  the 
same  place ;  and  no  substitute  who  has  not  been  examined  and 
received  the  certificate  aforesaid  shall  be  placed  in  charge  of 
machinery  by  an  engineer  who  has. 

428.  All  persons  of  twenty-one  years  of  age  or  upward  who, 
after  the  adoption  of  this  Article,  shall  desire  to  fill  a  position 
as  a  stationary  engineer,  must  make  application  to  the  " Board 
of  Examining  Engineers"  for  examination  and  certificate  of 
proficiency,  before  he  can  pursue  his  avocation  as  such  engi- 
neer; provided,  that  any  engineer  employed  as  stationary  engi- 
neer at  the  works  of  any  steam  railway,  or  any  engineer  em- 
ployed as  such  with  any  stationary  engine,  who  at  the  time  of 
the  adoption  of  this  Article  shall  have  been  employed  at  the 
same  place  for  the  term  of  six  months  or  more,  shall  not  be 
required  to  apply  for  such  examination  and  certificate  ;  but 
whenever  such  engineers  shall  remove  from  the  place  where  so 
employed  they  shall  be,  and  are  hereby  required  to  make  appli- 
cation for  examination  and  certificate  to  said  Board  of  Exam- 
ining Engineers  as  hereinbefore  provided;  and  provided  fur- 
ther, that  the  provisions  of  this  section  shall  not  apply  to 
persons  running  engines  and  boilers  in  sparsely  settled  country 
places,  where  not  more  than  twenty  persons  are  engaged  in 
work  about  such  engines  and  boilers,  rior  to  engineers  running 
country  saw  and  grist  mills,  threshing  machines  and  other 
machinery  of  a  similar  character,  nor  to  marine  engineers  en- 
gaged in  steamboats,  ships  and  other  vessels  run  by  steam,  nor 
to  those  engaged  as  locomotive  engineers  of  any  steam  railway 
company.  And  in  the  event  of  any  charge  being  made  to  said 
board,  of  any  engineer  who  may  hold  a  certificate  from  them,  of 
being  intoxicated,  while  in  charge  of  an  engine  or  boiler,  or  of 
the  neglect  of  duty  on  the  part  of  such  engineer  or  engineers,  it 
shall  be  the  duty  of  said  board  to  immediately  hear  such  charge, 
and  if  sustained,  annul  such  certificate.  The  certificate  granted 
to  the  respective  applicants  must  be  framed  and  kept  in  a  con- 
spicuous place  at  such  place  as  such  persons  may  be  respec- 
tively at  work.  Any  person  violating  the  provisions  of  this 


186 

sub-division  of  this  Article  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  trial  and  conviction  before  a  Justice  of  the 
Peace,  shall  be  fined  not  less  than  twenty-five  dollars  nor  more 
than  fifty  dollars,  one-half  of  which  shall  be  paid  the  informer 
and  the  balance  to  the  State. 

429-  Said  Board  of  Examining  Engineers  shall  meet  at 
their  office  in  the  City  of  Baltimore  for  the  purpose  of  exam- 
ining applicants  at  least  once  in  every  week,  and  at  a  specified 
hour  and  day,  and  shall  sit  until  all  applicants  shall  be  exam- 
ined, and  in  the  event  of  inability  to  examine  all  the  applicants 
on  the  regular  day  of  meeting,  they  shall  continue  their  ses- 
sions for  each  successive  day  until  the  same  shall  be  completed. 
They  shall  visit  and  inspect  the  running  and  management  of  all 
steam  plants  wherein  the  engineers  are  required  to  be  exam- 
ined as  hereinbefore  provided,  not  less  than  once  every  six 
months,  and  in  the  event  of  their  finding  on  such  examination 
that  the  engineer  or  engineers  in  charge  of  such  plant  or  ma- 
chinery are  not  running  and  managing  the  same  with  proper 
skill  and  care,  they  shall  report  the  same  to  the  State  Board  of 
Boiler  Inspectors  for  their  action;  and  said  Board  of  Examining 
Engineers  are  hereby  invested  with  power  and  authority  to 
enter  all  such  premises  and  make  the  examination  herein  pro- 
vided for;  and  any  owner  of  any  such  premises  who  shall  refuse 
to  allow  them  to  enter  and  make  such  examination  shall  be 
deemed  guilty  of  a  misdemeanor  and  be  punishable  upon  trial 
and  conviction,  as  provided  in  the  preceding  section. 

43O.  Xhe  said  Board  of  Examining  Engineers  shall  receive 
an  annual  salary  of  fifteen  hundred  dollars  each,  and  shall  have 
power  to  employ  a  clerk  or  secretary  at  a  salary  not  exceeding 
the  sum  of  one  thousand  dollars  per  annum,  and  such  expense 
shall  be  allowed  said  board  as  shall  be  incurred  in  traveling  ex- 
pense, office  rent,  stationery  and  printing,  and  for  which  they 
shall  produce  to  the  Comptroller  of  the  State  Treasury,  proper 
vouchers;  provided,  however,  that  no  appropriation  shall  be 
made  and  no  moneys  paid  by  the  State  Treasurer  to  said  board 
for  or  on  account  of  said  salaries  and  expenses,  but  that  the 
same  shall  be  paid  to  them  by  and  from  the  fees  received  for  the 
examination  and  certificates  hereinbefore  provided  for;  and 


187 

provided  further,  that  the  said  board  shall  keep  a  strict  account 
of  all  fees  received  for  such  purposes,  and  quarterly,  under 
oath  or  affirmation,  return  said  statement  to  the  Comptroller  of 
the  State  Treasury;  and  whenever  the  amount  is  in  excess  of  the 
salaries  and  expenses  hereinbefore  provided  for  they  shall  for- 
ward such  excess  to  said  Comptroller,  and  they  shall  keep 
a  certificate  book  with  the  certificates  therein  duly  numbered 
and  of  which  to  each  certificate  there  is  a  corresponding  stub  to 
be  filled  in  to  correspond  in  all  respects  to  the  certificate  issued, 
and  subject  to  the  inspection  of  the  Comptroller,  when  he  may 
deem  the  same  necessary. 

FERRIES. 

431.  Xhe  Broadway  and  Locust  Point  Steam  Ferry  Com- 
pany of  Maryland  is  created  to  establish  a  steam  ferry,  suitable 
to  transport  passengers,  goods,  wagons,  carriages,  live-stock  or 
any  other  transportable  article,  across,  over  and  within  the 
harbor  of  Baltimore;  and  the  said  corporation  is  made  capable 
of  erecting  wharves,  buildings,  or  any  other  contrivances  neces- 
sary or  convenient  for  the  conduct  of  the  business  of  the  ferry, 
for  which  purpose  the  said  corporation  is  authorized  to  pur- 
chase, hold,  sell,  rent  or  lease  land.     And  the  said  company  is 
authorized  and  empowered  to  hold  and  use  as  a  wharf  or  land- 
ing, for  the  use  of  said  ferry,  the  end  of  the  wharf  commonly 
known  as  the  County  wharf,  together  with  a  right  of  way  in 
common  with  others,  through  the  centre  of  said  wharf,  of  the 
width  of  ten  feet,  as  a  thoroughfare  for  travel  to  and  from  the 
end  of  said  wharf;  and  all  the  remainder  of  the  border  sides  and 
surface  of  the  said  wharf,  except  the  end  and  right  of  way 
granted,  is  reserved  exclusively  for  the  landing  of  such  fruits, 
vegetables  and  other  agricultural  products  as  may  be  brought 
from  the  counties  to  the  City  of  Baltimore,  for  sale  or  other- 
wise. 

432.  Xhe  said  corporation  is  authorized  and  empowered  to 
occupy  and  use  the  wharf  at  the  foot  of  Haubert  street,  in  the 
City  of  Baltimore,  as  a  wharf  or  landing  place  for  the  ferry 
boats  of  said  company,  in  exclusion  of  all  other  steam  ferry 
boats  plying  in  the  harbor  of  said  City. 


188 

433-  It  shall  not  be  lawful  for  any  steam  ferry  boat,  other 
than  one  of  those  belonging  to  the  said  Broadway  and  Locust 
Point  Steam  Ferry  Company  of  Maryland,  to  land  at  or  use 
either  of  the  sides  or  the  end  of  said  wharf  at  the  foot  of  Hau- 
bert  street,  nor  the  end  or  either  of  the  sides  of  the  wharf  at  the 
foot  of  Broadway,  mentioned  in  section  431  of  this  Article; 
and  any  and  every  person  in  charge,  control  or  command 
of  any  steam  ferry  company,  other  than  a  boat  belonging 
to  the  said  company,  who  shall  use  or  attempt  to  use  the  ends 
or  either  of  the  sides  or  any  part  of  the  wharves  mentioned, 
for  a  landing  place  or  wharf  for  the  steam  ferry  boat  so  in  his 
charge,  control  or  command,  shall  each  be  subject  to,  and  shall 
pay  a  fine  of  twenty-five  dollars  for  each  and  every  time  the 
said  steam  ferry  boat  so  in  his  charge,  control  or  command  of 
such  person  shall  touch  at  either  of  the  wharves  aforesaid, 
which  fines  shall  be  enforceable  and  collectible  according 
to  law. 

434.  Xhe  said  company  is  authorized  to  erect  gates  and 
ticket  houses  on  the  wharves  at  the  foot  of  Broadway  and  Hau- 
bert  street  in  said  City  of  Baltimore. 

435.  The  said  corporation  shall  keep  and  run  on  their  ferry 
routes  two  good  and  substantial  steam  ferry  boats,  staunch  and 
seaworthy,  and  supplied  according  to  the  law  in  such  cases 
made  and  provided ;  and  the  said  corporation  shall  so  manage 
the  said  ferry  as  that  one  of  their  ferry  boats  shall  leave  each 
end  of  said  ferry  at  least  every  ten  minutes,  between  the  hours 
of  six  o'clock  A.  M.  and  eight  o'clock  P.  M.,  and  at  intervals  of 
twenty-five  minutes  between  the  hours  of  eight  o'clock  P.  M. 
and  twelve  o'clock  midnight. 

436.  Xhe  said  corporation  shall  not  charge  any  greater 
sums  than  are  contained  in  the  following  scale  of  prices,  to  wit: 
For  one  passenger,  five  cents ;  for  one  horse,  mule  or  ass,  and 
rider  or  driver,  ten  cents ;  for  one  cow  and  driver,  ten  cents ;  for 
every  swine,  three  cents;  for  every  sheep,  two  cents;  for  every 
calf,  two  cents ;  for  every  heifer,  three  cents ;  for  one  horse,  cart 
and  driver,  fifteen  cents ;  for  two  horses,  cart  and  driver,  eigh- 
teen cents;  for  one  horse,  wagon  and  driver,  fifteen  cents;  for 


189 

two  horses,  wagon  and  driver,  eighteen  cents;  for  every  addi- 
tional horse  to  those  above  enumerated,  harnessed  to  a  wagon 
or  cart,  three  cents;  for  every  two-seated  carriage  and  two 
horses,  fifteen  cents,  for  every  four-seated  carriage  and  one 
horse,  twelve  cents;  for  every  four-seated  carriage  and  two 
horses,  twenty  cents;  for  every  additional  horse  to  those  above 
enumerated,  harnessed  to  a  carriage,  five  cents ;  for  one  lumber 
wagon  and  one  horse  or  two  horses,  twenty-five  cents. 

437.  Firemen  in  actual  discharge  of  their  duties,  together 
with  their  apparatus,  accoutrements  and  horses,  police  officers 
in  the  actual  discharge  of  their  duties,  and  all  funerals,  shall 
pass  free. 

FINES  AND  FORFEITURES. 

438.  One-half  of  all  fines  adjudged  by  and  accruing  in  the 
Criminal  Court  of  Baltimore,  when  secured  by  the  Sheriff  of 
Baltimore  City,  shall  be  paid  to  the  Mayor  and  City  Council  of 
Baltimore,  and  out  of  said  fines  the  judge  of  said  court  may 
order  and  direct  to  be  paid  to  the  State's  Attorney  of  said  City 
such  additional  fees  in  cases  of  extraordinary  duration  and 
trouble,  as  he  may  deem  just  and  reasonable,  but  this  section 
shall  not  have  any  effect  upon  the  rights  of  informers. 

439.  The  Sheriff  of  Baltimore  City  shall,  on  or  before  the 
first  day  of  December  in  each  year,  divide  equally  all  fines  im- 
posed by  the  Criminal  Court  of  Baltimore  City  on  persons  con- 
victed' for  keeping  houses  of  ill-fame,  among  such  incorporated 
dispensaries  of  said  City  as  shall  comply  with  the  provisions  of 
the  succeeding  section. 

440.  Such  fines  shall  be  divided  equally  among  those  in- 
corporated dispensaries  which  shall,  within  ten  days  after  the 
tenth  day  of  November  in  each  year,  file  in  the  office  of  the 
Sheriff  of  Baltimore  City  separate  reports,  the  truth  of  each  of 
which  shall  be  sworn  to  by  one  of  the  officers  of  the  dispensary 
filing  the  same,  before  any  officer  of  the  State  of  Maryland  au- 
thorized by  law  to  administer  oaths,  showing  that  in  the  year 
preceding  such  tenth  day  of  November,  the  said  dispensary  had 
under  its  charge  more  than  two  thousand  separate  persons  as 
patients,  and  that  its  said  dispensary  was  open  for  the  treat- 


190 


ment  of  disease  two  hours  daily,  and  for  the  free  distribution 
of  medicine  to  the  poor  six  hours  daily  on  each  week  day  and 
two  continuous  hours  on  each  Sunday  in  said  year. 


441«  In  case  said  fines  shall  not  be  claimed  by  any  such 
dispensary  in  the  manner  specified  in  the  two  preceding  sec- 
tions, then  said  fines  shall  be  paid  by  the  Sheriff  to  the  Mayor 
and  City  Council  of  Baltimore. 


442.  Xhe  said  Sheriff's  official  bond  shall  be  responsible  for 
the  faithful  payment  of  said  money  as  hereinbefore  provided, 
and  shall  be  liable  for  any  default  in  any  duty  herein  required 
to  be  performed  by  him. 

443.  No  person  shall  hereafter  be  allowed  to  give  security 
for  the  payment  of  any  fine  and  costs  imposed  by  the  Criminal 
Court  of  Baltimore,  but  any  person  who  shall  be  sentenced  by 
the  court  to  the  payment  of  any  fine  and  costs  shall  stand  com- 
mitted until  they  are  paid  ;  provided,  that  if  such  fine  and  costs 
are  less  than  ten  dollars,  the  person  so  sentenced  shall  be  dis- 
charged from  custody  at  the  end  of  thirty  days  from  the  date  of 
their  imposition,  if  no  imprisonment  has  also  been  ordered  by 
the  court,  or  at  the  end  of  thirty  days  from  the  expiration  of  the 
time  for  which  said  person  shall  have  been  ordered  to  be  im- 
prisoned, upon  sufficient  proof  shown  to  the  court  that  the  per- 
son imprisoned  is  unable  to  pay  the  said  fine  and  costs;  and 
provided  also,  that  if  the  said  fine  and  costs  are  more  than  ten 
and  less  than  fifty  dollars,  the  person  so  imprisoned  shall  be  dis- 
charged from  custody  at  the  end  of  sixty  days  from  the  imposi- 
tion thereof,  if  no  imprisonment  be  ordered  by  the  court,  or  at 
the  end  of  sixty  days  from  and  after  the  expiration  of  the  time 
for  which  said  person  has  been  ordered  to  be  imprisoned,  on 
proof  shown  of  his  inability  to  pay  said  fine  and  costs ;  and  pro- 
vided also,  that  if  the  said  fine  and  costs  exceed  the  sum  of  fifty 
dollars,  the  person  so  imprisoned  shall  be  discharged  from  cus- 
tody at  the  end  of  six  months  from  the  imposition  thereof,  or 
from  the  expiration  of  the  term  for  which  he  was  ordered  to  be 
imprisoned,  on  proof  shown  of  his  inability  to  pay. 


191 

444.  When  any  fine  or  penalty  is  imposed  by  any  Act  o£ 
Assembly  of  this  State,  or  by  any  ordinance  of  any  incorporated 
city  or  town  in  this  State,  enacted  in  pursuance  of  sufficient 
authority,  for  the  doing  of  any  act  forbidden  to  be  done  by  such 
Act  of  Assembly  or  ordinance,  or  for  omitting  to  do  any  act 
required  to  be  done  by  such  Act  of  Assembly  or  ordinance,  the 
doing  of  such  act,  or  the  omission  to  do  such  act,  shall  be 
deemed  to  be  a  criminal  offence;  such  offence,  in  the  City  of 
Baltimore,  shall  be  prosecuted  by  the  arrest  of  the  offender  for 
such  offence,  and  by  holding  him  to  appear  in  or  committing 
him  for  trial  in  the  Criminal  Court  of  Baltimore,  at  the  Satur- 
day sessions  of  said  court,  which  said  court  shall  have  jurisdic- 
tion in  the  said  cases,  and  shall  proceed  to  try  or  dispose  of  the 
same  in  the  same  manner  as  other  criminal  cases  triable  at  the 
Saturday  sessions  of  said  court  may  be  tried  or  proceeded  with, 
or  disposed  of,  or  such  offence  may  be  prosecuted  by  indict- 
ment in  such  court;  such  offences  in  any  county  of  this  State 
shall  be  prosecuted  by  the  arrest  of  the  offender  for  such  of- 
fence, and  by  holding  him  to  bail  to  appear  in  or  committing 
him  for  trial  in  the  Circuit  Court  for  the  county  in  which  such 
offence  was  committed,  or  by  indictment  in  the  Circuit  Court 
for  such  county  for  such  offence.     If  any  person  shall  be  ad- 
judged guilty  of  any  such  offence  by  any  court  having  jurisdic- 
tion in  the  premises,  he  shall  be  sentenced  to  the  fine  or  penalty 
prescribed  by  such  Act  of  Assembly  or  ordinance,  and  to  the 
costs  of  his  prosecution,  and  in  default  of  payment  thereof  he 
shall  be  committed  to  jail  until  thence  discharged  by  due  course 
of  law ;  any  indictment  for  the  violation  of  any  ordinance  of  any 
incorporated  City  or  town  of  this  State  may  conclude  "against 
the  form  of  the  ordinance  in  such  case  made  and  provided,  and 
against  the  peace,  government  and  dignity  of  the  State." 

FIRE. 

Fire  Department. 

445.  The  Mayor  and  City  Council  of  Baltimore  is  hereby 
directed  to  appropriate  annually  such  sums  of  money  as  shall 
be  sufficient  to  pay  the  pensions  of  such  members  of  the  Fire 
Department  as  shall  heretofore  have  been  put  upon  said  pen- 
sion roll,  and  as  shall  thereafter  be  put  upon  said  pension  roll,. 


192 

in  accordance  with  the  provisions  of  this  Article;  and  also  to 
appropriate  such  sums  of  money  as  may  be  sufficient  to  afford 
relief  to  the  widows  and  children  of  firemen  killed  in  the  dis- 
charge of  duty. 

446.  Any  person  who  shall  wilfully  destroy  or  injure  any 
engine,  hose,  reel  or  other  apparatus  whatever  for  the  extin- 
guishment of  fires,  belonging  to  any  company  in  the  City  of 
Baltimore,  or  to  the  said  City,  shall  be  guilty  of  felony,  and 
upon  conviction  thereof  shall  be  sentenced  to  confinement  in 
the  penitentiary  for  a  period  not  less  than  two  nor  more  than 
five  ears. 


Any  person  who  shall  assault,  beat  or  otherwise  inten- 
tionally hurt  or  injure  any  fireman  of  the  City  of  Baltimore, 
whilst  in  the  discharge  of  his  duties  as  fireman  (except  in  self- 
defence),  shall,  upon  conviction  thereof,  be  sentenced  to  im- 
prisonment in  Baltimore  City  Jail  for  a  period  not  less  than  one 
month,  and  the  payment  of  a  fine  of  not  less  than  ten  nor  more 
than  one  hundred  dollars. 

448.  The  Mayor  and  City  Council  of  Baltimore  is  hereby 
authorized  and  empowered  to  appropriate  annually  the  sum  of 
one  thousand  dollars,  to  pay  for  the  use  of  a  suitable  building 
to  be  occupied  by  the  members  of  the  veteran  volunteer  fire- 
men's association  of  Baltimore  Citv. 


Illuminating  Oils  and  Fluids. 

449.  All  oils  or  fluids  manufactured  from  petroleum  or  its 
products,  used  for  illuminating  purposes  in  this  State,  which 
shall  be  manufactured  or  kept  for  sale  therein,  shall  be  required 
to  stand  a  fire  test  of  one  hundred  and  ten  degrees  Fahrenheit 
before  it  shall  burn,  to  be  ascertained  by  Tagliabue's  coal  oil 
tester,  or  some  other  instrument  constructed  upon  the  same 
principle. 

450.  Every  person  manufacturing  or  selling  illuminating 
oils  or  fluids,  manufactured  from  petroleum  or  its  products,  by 
the  barrel,  shall  be  required  to  have  stamped  upon  the  head  of 


193 

the  barrel  the  name  of  the  manufacturer  thereof  and  his  place 
of  business,  together  with  the  words  "warranted  to  stand  a  fire 
test  of  one  hundred  and  ten  degrees  Fahrenheit  before  it  shall 
burn." 

451.  Whoever  manufactures  for  illuminating  purposes,  or 
sells  in  quantities  not  less  than  a  barrel,  oils  or  fluids  made 
from  petroleum  or  its  products,  which  does  not  sustain  the  fire 
test  as  provided  in  section  449,  shall  be  deemed  guilty  .of  a  mis- 
•demeanor,  and  on  conviction  thereof,  shall  be  fined  not  more 
than  one  thousand  dollars,  or  imprisoned  in  the  jail  or  peni- 
tentiary not  more  than  two  years,  in  the  discretion  of  the  court. 
Whoever  sells  in  quantities  less  than  a  barrel,  for  illuminating 
purposes,  oils  or  fluids  made  from  petroleum  or  its  products, 
which  does  not  sustain  the  fire  test  provided  for  in  section  449, 
shall  forfeit  said  oil,  and  be  fined  not  less  than  five  nor  more 
than  twenty  dollars;  said  fine  to  be  collected  as  other  fines  are 
now  collected,  one-half  to  go  to  the  informer,  the  other  to  be 
paid  into  the  treasury  of  the  State. 

452-  Any  purchaser  of  oils  or  fluids  made  of  petroleum  or 
its  products,  for  illuminating  purposes,  bearing  the  stamp  re- 
quired in  section  450,  and  which  does  not  stand  the  fire  test 
required  in  section  449,  may  recover  from  the  seller  in  an  ac- 
tion for  debt  an  amount  equal  to  double  the  purchase  money  of 
said  oil. 

453.  Any  accident  by  reason  of  explosion,  occurring  with 
any  oil  or  fluid  manufactured  from  petroleum  or  its  products, 
shall  subject  the  seller  thereof  to  prosecution  for  a  misde- 
meanor, and  upon  conviction  thereof  in  a  court  of  competent 
jurisdiction,  to  a  fine  not  exceeding  one  thousand  dollars,  nor 
less  than  five  hundred  dollars;  one-half  of  said  fine  to  be  paid 
to  the  informer  and  the  other  half  to  the  State. 

454«  In  case  of  seizure  or  confiscation  of  oils  or  fluids  man- 
ufactured from  petroleum  or  its  products,  as  provided  in  sec- 
tion 451,  the  party  who  has  sold  such  oils  or  fluids  shall  have 
the  privilege  of  referring  the  same  to  some  commissioned  in- 


194 

spector  recognized  by  the  oil  trade  of  Baltimore,  whose  de- 
cisions shall  be  prima  facie  evidence  of  the  quality  of  said  oil 
or  fluid. 

455.  if  any  inspector  of  oils  shall  be  convicted  in  a  court 
of  competent  jurisdiction  of  furnishing  a  false  report  of  the 
fire-test  of  any  oil  submitted  to  his  inspection,  he  shall  be 
liable  to  a  fine  of  not  less  than  five  hundred  dollars  nor  more 
than  two  thousand  dollars,  at  the  discretion  of  the  court;  said 
fine  to  be  paid  into  the  treasury  of  the  State. 

456.  Xhe  provisions  of  the  seven  preceding  sections  shall 
not  apply  to  oils  or  fluids  manufactured  from  petroleum  or  its 
products  for  the  purpose  of  exportation  or  for  use  in  street 
lamps. 

• 

FISH. 

457.  No  person  shall  expose  for  sale,  or  have  in  his  pos- 
session, offering  for  sale,  any  striped  bass  or  rock  weighing  less- 
than  one-half  pound  each,  or  any  white  perch  weighing  less- 
than  one-quarter  of  a  pound  each;  any  person  violating  any 
of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  by  a  court  of  competent 
jurisdiction  shall  be  fined  not  more  than  twenty  dollars  or 
be  confined  in  jail  not  more  than  thirty  days,  or  both,  in  the 
judgment  of  the  court. 

GAS  COMPANIES. 

458.  No  gas  companies  shall  be  formed  in  Baltimore  City, 
Baltimore  County  or  in  Anne  Arundel  County,  except  in  the 

City  of  Annapolis. 

, 

459.  NO  gas  companies  chartered  in  any  other  counties  of 
the  State  shall  have  the  right  to  lay  mains  or  sell  gas  in  Balti- 
more City,  Baltimore  County  or  Anne  Arundel  County. 

460.  All    charters    for    gas    companies    which    have    been 
granted  or  issued  under  the  Code  of  Public  General  Laws,  or 
any  other  law,  in  Baltimore  City,  Baltimore  County,  or  Anne 


195 

Arundel  County,  are  repealed,  annulled  and  made  void,  except 
in  cases  where  the  companies  incorporated  by  any  of  such 
charters  have  erected  works  and  commenced  the  manufac- 
ture of  gas. 

461.  T\TO  corporation  or  person  shall  charge  for  illuminat- 
ing gas  in  Baltimore  City  a  sum  to  exceed  one  dollar  and 
twenty-five  cents  per  thousand  cubic  feet. 

462.  The  illuminating  gas  furnished  by  any  such  corpora- 
tion or  person  shall  have  an  illuminating  power  not  less  than 
twenty  sperm  candles  of  six  to  the  pound,  and  burning  at  the 
rate  of  one  hundred  and  twenty  grains  of  spermaceti  per  hour, 
tested  at  a  distance  of  not  less  than  one  mile  from  the  place  of 
manufacture  by  a  burner  consuming  five  cubic  feet  of  gas  per 
hour,  and  shall,  as  regards  purity,  comply  with  the  standard 
now  or  hereafter  established  by  law. 

HARBOR,   DOCKS  AND   WHARVES. 

Harbor. 

463.  jsjo  vvharf  shall  be  run  out,  made,  altered,  enlarged  or 
extended  so  as  to  divert  the  course  of  the  channel,  obstruct  the 
harbor  or  basin,  or  to  the  injury  of  the  same;  and  no  person 
shall  make,  alter  or  extend  any  wharf  without  laying  before 
the  Harbor  Board  a  plan  of  said  wharf,  and  obtaining  the  con- 
sent of  the  said  Harbor  Board. 


If  any  person  shall  violate  the  provisions  of  the  pre- 
ceding section,  the  Mayor  and  City  Council  of  Baltimore  may 
recover,  by  a  warrant  before  a  Justice  of  the  Peace,  a  sum  not 
exceeding  two  hundred  and  fifty  dollars,  and  may  forthwith 
cause  the  said  wharf  to  be  demolished. 

465.  The  Harbor  Master  of  the  port  of  Baltimore  may 
demand  from  the  captain  or  commander  of  every  foreign  ves- 
sel coming  into  said  port  for  the  purpose  of  trade  and  com- 
merce, the  sum  of  five  dollars,  as  an  additional  compensation 
for  his  care  and  diligence  in  the  regulation  of  the  harbor  and 
providing  a  proper  station  for  said  vessel. 


196 

466.  He  may,  in  case  of  delay  or  refusal  to  make  such  pay- 
ment, sue  for  and  recover  the  same  before  a  Justice  of  the 
Peace  as  small  debts  are  recovered. 

Docks. 

467.  The  Mayor  and  City  Council  are  vested  with  the  right 
and  title  to  any  land  made  or  to  be  made  by  them  out  of  the 
water  in  making  and  completing  the  improvements  of  the  City 
dock,  according  to   the  plan   heretofore  adopted   by   them; 
provided,  that  nothing  contained  in  this  section  shall  be  con- 
strued to  interfere  with  the  vested  rights  of  individuals. 

468.  if  any  vessel  shall  be  lying  in  Smith's  dock,  Frederick 
street  dock  or  any  other  dock  in  said  City,  or  the  entrance 
thereto,  so  as  to  obstruct  any  vessel  which  shall  be  coming  into 
the  same,  or  moving  from  one  place  to  another  therein,  or  go- 
ing out  of  the  same,  the  vessel  so  obstructing  shall  be  removed 
to  such  place  as  shall  be  directed  by  the  Harbor  Master  of  the 
district,  or  any  police  officer  of  Baltimore  City,  to  give  room  to 
the  passing  vessel,  under  the  penalty  of  five  dollars  for  refusal 
so  to  remove,  and  at  the  rate  of  five  dollars  an  hour  for  the 
delay  which  shall  be  occasioned  to  the  passing  vessel,  unless 
in  cases  where  some  unavoidable  casualty  may  make  it  im- 
practicable to  remove  said  obstructing  vessel;  and  if  a  vessel, 
when  moving  to  make  room  for  another,  be  obstructed  by 
any  vessel,  the  master  or  owner  of  such  obstructing  vessel  shall 
forfeit  five  dollars  for  such  obstruction,  and  at  the  rate  of  five 
dollars  per  hour  during  the  continuance  of  such  obstruction,  to 
be  recovered  by  the  master  or  owner  of  the  passing  vessel 
aforesaid;  provided,  the  said  Harbor  Master  or  police  officer 
shall  have  directed  said  removal;  but  nothing  herein  contained 
shall  give  to  the  Harbor  Master  or  police  officer  any  control, 
except  in  cases  of  dispute,  when  called  in. 

469.  ]\TO  vessel  shall  enter  Smith's  dock  or  any  other  pri- 
vate dock  without  first  ascertaining  whether  there  is  a  vacant 
place  at  the  wharf  where  she  can  lie,  under  a  penalty  of  five 
dollars,   to   be   paid   to   the   Harbor   Master   for   the   use   of 
the   City:  and  all  vessels   which  shall  be  found  obstructing 


197 

the  passage  of  said  docks  shall  remove,  when  requested  by 
the  Harbor  Master  of  the  district  or  any  police  officer  of  Bal- 
timore City,  in  such  manner  as  will  afford  a  free  and  unob- 
structed passage  to  any  passing  vessel,  under  a  penalty  of  five 
dollars  for  refusal  to  remove,  and  five  dollars  per  hour  for  each 
hour  they  shall  obstruct  such  passage,  after  due  notice  shall 
have  been  given  to  master,  owner  or  person  in  charge  of  such 
obstructing  vessel,  by  such  Harbor  Master  or  police  officer. 

47°-  If  any  vessel  be  lying  at  any  private  wharf  and  not  en- 
gaged in  loading  or  unloading,  such  vessel  shall  be  removed 
when  requested  by  the  owner  of  such  wharf  or  his  agent; 
and  if  the  person  in  charge  of  such  vessel  refuses  or  fails  to 
remove  such  vessel,  said  owner  or  his  agent  may  call  upon  the 
Harbor  Master  or  police  officer  to  notify  the  person  in  charge 
of  the  vessel  to  remove,  and  if  the  notice  is  not  complied  with 
within  five  hours  such  person  shall  be  liable  to  a  penalty  of 
fifty  dollars,  and  a  further  penalty  of  five  dollars  for  each  hour 
such  vessel  shall  remain  after  the  expiration  of  the  five  hours; 
and  the  Harbor  Master  shall  collect  for  the  use  of  the  Mayor 
and  City  Council  of  Baltimore  the  sum  of  five  dollars,  to  be 
paid  by  the  owner  or  person  in  charge  of  such  vessel,  to  be  re- 
covered as  other  small  debts  are  recovered;  the  term  vessel  in 
this  and  the  two  preceding  sections  shall  include  boats,  scows 
and  arks. 

47  !•  The  penalties  imposed  by  the  three  preceding  sections 
may  be  recovered  as  small  debts  before  any  Justice  of  the 
Peace  for  the  City  of  Baltimore,  from  the  master,  owner  or 
person  in  charge  of  the  obstructing  vessel,  for  the  use  of  the 
master,  owner  or  person  in  charge  of  the  vessel  obstructed;  but 
such  penalty  shall  not  be  recoverable  where  the  obstruction 
proceeds  from  any  unavoidable  cause. 


Wharfinger  and  Wharves. 

472-  Xo  person  shall  land  any  wood  or  lumber  on  Pratt 
street  wharf,  between  Light  street  and  Franklin  lane;  and  the 
Mayor  shall  enforce  the  provisions  of  this  section. 


198 

If  any  person  shall  violate  the  provisions  of  the  pre- 
ceding section  he  shall  be  subject  to  a  fine  of  twenty  dollars, 
one-half  to  the  informer  and  the  other  half  to  the  State. 

474.  Xhe  said  fine  may  be  sued  for  and  recovered  in  the 
name  of  the  State  before  any  Justice  of  the  Peace  for  said 
City,  in  the  same  manner  as  small  debts. 

475-  It  shall  be  the  duty  of  every  Justice  of  the  Peace  for 
said  City  to  make  an  annual  return  to  the  -State  Treasurer,  of 
all  fines  imposed  under  the  provisions  of  the  aforegoing  sec- 
tion, and  to  receive  and  pay  over  the  same  at  the  time  of  mak- 
ing said  return. 

476.  'jfhe  Mayor  and  City  Council  may  regulate  by  ordi- 
nance the  time  during  which  any  goods,  wares,  merchandise  or 
other  articles  may  remain  on  any  wharf  belonging  to  the  City, 
or  on  any  of  the  public  wharves  other  than  wharves  belonging 
to  or  rented  by  the  State,  and  that  part  of  Pratt  street  wharf 
reserved  for  the  use  of  the  State,  within  the  said  City,  or  the 
time  which  the  vessels,  boats  or  scows  taking  in  or  discharging 
such  goods,  wares  or  merchandise  shall  remain  at  said  wharves, 
and  may  regulate,  establish  and  collect  for  the  use  of  the  City 
such  wharfage  as  they  may  think  reasonable,  upon  any  goods, 
wares,  merchandise  or  other  articles  handled  at  or  upon  and 
shipped  from  any  of  such  wharves. 


Any  person  who  shall  charge,  exact  or  receive  more 
than  six  and  a  quarter  cents  upon  each  cord  of  wood  landed 
upon  any  wharf  in  the  said  City  shall,  upon  complaint  and 
conviction  thereof  before  any  Justice  of  the  Peace  for  said 
City,  be  fined  not  less  than  five  nor  more  than  ten  dollars  in 
each  case;  one-half  to  the  informer  and  the  other  half  to  the 
State;  to  be  recovered  as  fines  imposed  by  the  courts  of  this 
State. 

478.  Any  person  carrying  wood  to  Baltimore  for  sale  may 
land  the  same  upon  the  State  wharves  whenever  permitted  to 
do  so  by  any  Tobacco  Inspector  in  the  warehouse  to  which  the 
wharf  is  attached  ;  but  such  permission  shall  not  interfere  with 
that  portion  of  the  public  wharves  set  apart  for  the  use  of 
boats  laden  with  tobacco. 


199 

479.  The  person  landing  wood  upon  the  public  wharves 
sunder  the  preceding  section  shall  pay  the  Tobacco  Inspector 
•the  sum  of  six  and  a  quarter  cents  a  cord,  to  be  by  the  said 
.inspector  paid  into  the  State  treasury,  and  the  inspector  shall 
be  allowed  twenty  per  cent,  upon  the  money  so  received  and 
;paid  into  the  State  treasury. 


Harbor  Board. 

480.  The  Harbor  Board  shall  have  full  control  and  man- 
agement of  the  ice  boat  Annapolis,  belonging  jointly  to  the 

State  of  Maryland  and  the  City  of  Baltimore,  subject  to  the 
orders  of  the  Governor  of  the  State,  for  the  use  of  said  boat  for 
the  public  service. 

481.  The  said  Board  is  hereby  authorized  to  appoint,  in 

•  conformity  with  the  provisions  of  section  88  of  this  Article,  at 
such  reasonable  rates  of  pay  as  it  may  determine,  and  at  its 
pleasure  to  discharge,  such  officers  and  crew  as  may  in  its 
judgment  be  deemed  necessary  for  the  proper  operation  and 
maintenance  of  said  boat  at  all  times. 

482.  The  said  Board  shall  employ  the  said  boat,  primarily, 

•  for  the  purpose  of  preventing  obstruction  by  ice  to  the  navi- 
gation  of    Baltimore   harbor,  and   the  ship  channels  leading 
thereto,  and  for  the  relief  of  vessels  in  distress,  bound  to  or 
from  the  port  of  Baltimore. 

483.  The  Board  is  further  authorized  to  use  the  said  boat 
(or  at  its  discretion  the  ice  boat  Latrobe)  in  the  relief  from  ob- 
struction by  ice  of  any  of  the  harbors  or  channels  of  the  Chesa- 
peake bay  or  its  tributaries,  when  such  service  can  be  rendered 
without  detriment  to  the  commerce  of  the  port  of  Baltimore, 

•  and  for  any  other  service  which  the  said  Board  may  deem  ad- 
vantageous to  commerce  and  the  public  interest;  the  Board 
may  charge  such  reasonable  rates  for  towage,  or  relief  of  ves- 
sels, as  it  may  deem  proper,  having  in  view  the  public  and  pri- 
vate interests  and  facilities  of  commerce,  and  the  sum  received 

-'for  same  shall  be  applied  to  the  expense  of  the  boat. 


200 

484.  The  annual  expenses  of  maintaining  and  operating; 
said  ice  boat  shall  be  paid  by  the  Mayor  and  City  Council  of 
Baltimore. 

485.  The   said   Board   shall   in   its  annual   report   to   the 
Mayor  and  City  Council  of  Baltimore  embody  statements  of 
the  operations  of,  and  the  receipts  and  disbursements  for  the 
said  ice  boat,  and  shall  send  copies  of  the  same  to  the  Governor 
and  Comptroller  of  the  Treasury  of  the  State. 

HEALTH. 

Nuisances. 

486.  Whenever  any  nuisance  dangerous  to  the  health  of 
the  City  shall  exist  in  any  street,  lane  or  alley  of  the  City,  and 
it  shall  be  found  necessary,  in  order  to  the  removal  of  the  same, 
to  have  such  street,  lane  or  alley  paved,  the  said  City  may  order 
the  same  to  be  paved,  and  may  recover  the  amount  expended 
in  paving  the  same,  and  the  expenses  of  collection  from  the 
owner  of  the  property  fronting  thereon,  in  proportion  to  the 
amount  expended  in  front  of  said  property,  by  suit  against  the 
owner. 

487.  The  said  owner  may  in  such  action  defend  himself 
against  any  such  claim  for  expenses  of  paving  and  the  collec- 
tion thereof  by  proof  that  no  such  nuisances  existed,  or  that 
the  paving  of  the  said  street,  lane  or  alley  was  not  necessary  to- 
the  removal  or  abatement  thereof,  or  that  such  nuisance  was 
caused  by  an  act  or  ordinance  of  said  City,  or  its  officers  in  the 
execution  of  their  duty. 

488.  The  expenses  of  such  paving,  and  the  expenses  inci- 
dent to  the  collection  thereof,  shall  be  a  lien  upon  the  property 
chargeable  therewith;  and  when  the  right  of  the  City  to  recover 
the  same  has  been  determined,  the  City  may  levy  such  expenses 
upon  said  property. 

489.  If  any  of  the  said  property  shall  be  owned  by  persons 
not  resident  within  the  limits  of  said  City,  then,  after  public 
notice  given  at  least  three  times  a  week  for  three  successive 


201 

weeks  in  two  newspapers  of  the  City,  by  advertisement,  de- 
scribing the  property  chargeable,  the  amount  of  expense  with 
which  it  is  chargeable,  and  if  known,  the  name  of  the  owner 
thereof,  the  City  may  proceed  to  levy  said  expenses  upon  the 
interest  of  such  non-resident  in  said  property,  without  any  pre- 
vious suit  to  determine  their  right  to  the  same. 


Such  non-resident  may,  at  any  time  within  three- 
months  after  said  expenses  have  been  levied  and  collected, 
institute  an  action  against  the  City  for  the  recovery  of  the 
same;  and  if  it  shall  appear  in  such  action  that,  public  notice 
was  not  given  as  hereinbefore  directed,  or  that  no  such  nuis- 
ance existed,  or  that  the  paving  of  said  street,  lane  or  alley  was 
not  necessary  to  the  removal  or  abatement  thereof,  or  that 
the  same  was  caused  by  an  act  or  ordinance  of  the  City,  or  by 
its  officers  in  the  execution  of  their  duty,  such  non-resident 
shall  recover  the  expenses  of  paving  and  collection  so  levied 
upon  his  property. 

491.  Whenever  any  nuisance  dangerous  to  the  health  of 
the  City  shall  be  found  upon  any  vacant  lot  within  the  City, 
the  City  may  remove  or  abate  the  same,  and  shall  have  the 
same  remedy  against  the  owner  of  such  lot,  for  the  expenses 
of  so  doing,  as  is  given  in  the  five  preceding  sections  against 
the  owners  of  lots  fronting  on  streets  paved,  to  remove  a  nuis- 
ance; and  the  owner  of  such  vacant  lot  shall  have  the  same 
rights  and  remedies  therein  given  to  the  owners  of  lots  fronting 
on  streets  so  paved. 

492.  Whenever  the  Commissioner  of  Health  shall  certify 
in  writing  to  the  Mayor  that  it  is  necessary  for  the  health  of 
the  City  to  alter  the  grade  of  any  street,  lane  or  alley  on  low  or 
made  ground,  the  Mayor  shall  proceed  to  act  in  the  manner 
specified  in  this  Article  relating  to  streets. 

Chemical  Laboratories. 

493.  NO  person  shall  erect  or  assist  in  erecting  any  chemi- 
cal laboratory  within  the  limits  of  said  City  without  the  con- 
sent of  the  City,  and  the  City  may  provide  by  ordinance  for 


202 

preventing  the  erection  of  any  such  laboratory,  and  for  remov- 
ing or. preventing  the  use  of  any  that  shall  be  erected. 

Commissioners  of  Pharmacy  and  Practical  Chemistry. 

494.  Xhe  term  or  name  pharmacist  in  the  meaning  and 
scope  of  this  sub-division  of  this  Article  does  mean,  embrace 
and  apply  to  all  persons  engaged  in  vending,  at  retail,  drugs, 
medicines  and  chemicals  for  medicinal  use,  and  in  compound- 
ing and  dispensing  physicians'  prescriptions,  either  as  owners 
of  stores,  as  managing  assistants,  or  as  relief  clerks  in  tempo- 
rary charge  of  stores. 

495.  Any  person  who,  after  the  passage  of  this  Article,  does 
or  shall  vend  at  retail  poisonous  drugs  for  medicinal  use,  or 
compound  or  dispense  physicians'  prescriptions  in  the  City  of 
Baltimore,  without  complying  with  the  requirements  of  this 
sub-division  of  this  Article,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  be  subject  to  a  penalty  or  fine  of  fifty  dollars  for 
each  and  every  week  he  shall  continue  to  vend,  at  retail,  pois- 
onous drugs  for  medicinal    use,  or    compound    or    dispense 
physicians'  prescriptions  in  violation  of  this  sub-division  of 
this  Article  ;   said  penalty  or  fine  to  be  sued  for  in  the  name 
of  the  State  of  Maryland  before  a  Justice  of  the  Peace,  as  small 
debts  are  now  recoverable;  said  penalty  or  fine  to  go  to  the 
Maryland  Board  of  Pharmacy,  appointed  under  this  sub-di- 
vision of  this  Article,  to  be  used  as  a  fund  for  carrying  out  the 
provisions  of  this  sub-division  of  this  Article  ;  and  it  shall  be 
the  duty  of  the  State's  Attorney  of  the  City  of  Baltimore,  at  the 
request  of  said  Board  of  Pharmacy,  to  prosecute  any  person 
who  shall  have  violated  any  requirement  of  this  sub-division  of 
this  Article;  presided,  that  nothing  in  this  sub-division  of  this 
Article  shall  be  so  construed  as  to  prevent  any  practicing 
physician  from  supplying  medicines  in  connection  with  pro- 
fessional practice,  nor  to  restrict  the  sale  at  retail  of  patent  and 
proprietary  medicines  and  compounds    prepared    and    com- 
pounded for  medicinal  use,  by  wholesale  dealers  in  drugs  and 
medicines,  when  sold  in  the  original  package,  box  or  bottle  ; 
and  no  penalty  shall  hereafter  be  enforced  against  any  person 
for  the  sale  of  patent  or  proprietary  medicines  or  compounds 


203 

prepared  by  wholesale  dealers-  in  drugs  and  medicines  when 
sold  as  aforesaid  ;  and  no  penalty  shall  hereafter  be  enforced 
against  any  person  for  the  sale  of  proprietary  or  patent  medi- 
cines or  drugs  other  than  poisonous. 

496.  Xhe  Maryland  College  of  Pharmacy  shall  nominate 
biennially,  of  the  most  skilled  and  competent  pharmacists  of  the 
City  of  Baltimore,  ten  persons,  from  amongst  whom  the  Gover- 
nor shall  appoint  three  commissioners,  whose  duty  it  shall  be  to 
faithfully  and  impartially  execute  or  cause  to  be  executed  all  the 
provisions  and  requirements  of  this  sub-division  of  this  Article. 
They  shall  upon  application,  and  in  such  manner  and  at  such 
place  as  they  may  determine,  examine  each  and  every  person 
who  shall  desire  to  engage  in  vending,  at  retail,  drugs,  medi- 
cines or  chemicals  for  medicinal  use,  or  in  compounding  and 
dispensing  physicians'  prescriptions  in  the  City  of  Baltimore, 
touching  his  competency  and  qualifications;  and  upon  being 
satisfied  that  the  person  so  examined  is  competent  and  qualified 
to  vend,  at  retail,  drugs,  medicines  and  chemicals  for  medicinal 
use,  and    compound    and    dispense    physicians'  prescriptions 
safely,  and  without  jeopardy  to  the  health  and  lives  of  the  peo- 
ple of  the  City  of  Baltimore,  they  or  any  two  of  them  shall  grant 
such  person  a  certificate  of  competency,  and  register  him  as  a 
pharmacist. 

497.  The  commissioners  appointed  under  this  sub-division 
of  this  Article  shall  be  styled  and  known  as  the  Commissioners 
of  Pharmacy  and  Practical  Chemistry,  and  shall  hold  office  for 
two  years,  and  thereafter  until  their  successors  have  been  ap- 
pointed and  have  qualified.     Said  commissioners  shall,  within 
thirty  days  after  notification .  of  their  appointment,  each  sub- 
scribe to  an  oath  before  the  Clerk  of  the  Superior  Court  of 
Baltimore   City,   to   impartially   and   faithfully   discharge   the 
•duties  prescribed  by  this  sub-division  of  this  Article. 

498.  Xhe  position  of  any  commissioner  appointed  under  this 
sub-division  of  this  Article,  who  shall  fail  to  sp  qualify  within 
the  time  and  in  the  manner  named,  shall  be  vacant.    The  Gov- 
ernor shall  fill  all  vacancies  occurring  from  amongst  the  per- 
sons nominated  by  the  Maryland  College  of  Pharmacy  under 
•section  496  of  this  Article. 


204 

Each  and  every  person  before  commencing  to  vend 
at  retail,  drugs,  medicines  or  chemicals  for  medicinal  use,  or 
to  compound  or  dispense  physicians'  prescriptions  in  the  City 
of  Baltimore,  as  managing  owner  of  a  store,  or  as  managing 
assistant  of  a  store,  or  as  relief  clerk  temporarily  in  charge  of 
a  store,  shall  register  as  a  pharmacist  under  the  provisions  of 
this  sub-division  of  this  Article. 

500.  Every  person  who  shall  at  the  time  that  this  Article 
goes  into  effect  be  engaged  in  vending,  at  retail,  drugs,  medi- 
cines, and  chemicals  for  medicinal  use  and  compounding,  and 
dispensing  physicians'  prescriptions  in  the  City  of  Baltimore, 
and  registered  as  a  pharmacist  under  an  Act,  entitled  "  An  Act 
to  prevent  incompetent  persons  from  conducting  business  as 
pharmacist,  or  vending,  at  retail,  drugs,  medicines  or  chemicals 
for  medicinal  use  in  the  City  of  BaltimDre,"  approved  April  ist. 
1872,  and  amended  by  the  repeal  and  re-enactment  of  sections 
2  and  9,  Chapter  91,  passed  at  January  session,  1876,  shall  be 
deemed  competent  to  register  as  a  pharmacist  within  the  mean- 
ing of  this  sub-division  of  this  Article.    Every  person  holding  a 
diploma  from  a  regularly  chartered  and  recognized  college  or 
school  of  pharmacy,  based  upon  a  full  apprenticeship  of  four 
years  as  a  pharmacist,  and  who  presents  satisfactory  evidence 
of  these  facts  to  the  said  Commissioners  of  Pharmacy  and 
Practical  Chemistry,  shall  be  deemed  competent  and  entitled  to- 
register  as  a  pharmacist. 

501.  Said    Commissioners    of    Pharmacy    and    Practical 
Chemistry  shall  demand  and  receive  from  each  applicant  for 
registration  whom  they  examine  five  dollars  for  each  examina- 
tion, and  shall  likewise  be  entitled  to  demand  and  receive  one 
dollar  from  every  person  whom  they  register  or  re-register,, 
which  money,  so  received  under  the  provisions  of  this  section, 
shall  be  used  and  applied  by  said  Board  to  defray  the  expenses 
accruing  or  arising  under  this  sub-division  of  this  Article.    And 
every  pharmacist,  managing  assistant  and  relief  clerk,  in  the 
City  of  Baltimore,  shall  re-register  annually  after  his  first  regis- 
tration, during  the  time  he  shall  continue  in  the  practice  of  his 
profession,  on  such  date  as  the  Board  of  Pharmacy  may  deter- 


205 

mine,  and  shall  pay  to  the  said  Board  the  fee  of  one  dollar,  as 
provided  in  this  section,  for  which  he  shall  receive  a  renewal  of 
said  registration. 

502.  ln  case  of  the  death  of  a  registered  pharmacist,  doing 
business  as  such  in  the  City  of  Baltimore,  his  legal  representa- 
tive may  continue  said  business  for  the  benefit  of  the  estate  of 
said  deceased,  under  the  control  and  management  of  a  regis- 
tered pharmacist,  subject  to  all  the  requirements  of  this  sub- 
division of  this  Article. 

503.  Xo  person  unless  he  be  registered  as  a  pharmacist 
under  this  sub-division  of  this  Article,  or  unless  he  be  an  ap- 
prentice who  has  had  at  least  two  years'  experience  under  a 
pharmacist,  or  who  has  attended  at  least  one  full  course  of 
lectures  on  pharmacy,  chemistry  and  materia  medica,  shall  be 
permitted   to  compound   and   dispense   prescriptions,   except 
under  the  supervision  of  a  registered  pharmacist  ;  any  regis- 
tered pharmacist  violating  this  section  or  permitting  its  viola- 
tion in  any  store  under  his  charge  or  management,  shall  be 
subject  to  a  penalty  or  fine  of  not  more  than  fifty  dollars,  which 
fines  are  to  be  disposed  of  as  provided  in  section  501. 

504.  Any  person  who  shall  mix  with  any  substance  or  prep- 
aration used  or  intended  to  be  used  as  an  officinal  medicine  any 
foreign  or  inert  substance  for  the  purpose  of  adulterating  or 
weakening  the  same,  or  shall  knowingly  sell  or  knowingly  offer 
for  sale  any  officinal  medicines  so  adulterated  or  deficient  in 
standard  strength,  shall  be  deemed  guilty  of  a  misdemeanor 
and  subject  to  a  penalty  or  fine  of  fifty  dollars,  as  provided  in 
the  preceding  section. 

Seats  for  Female  Employees  in  Stores  or  Factories. 

505.  Every  employer  of  females  in  any  mercantile  or  man- 
ufacturing establishment  in  the  City  of  Baltimore  must  pro- 
vide and  maintain  suitable  seats  for  the  use  of  such  employees. 
A  person  is  deemed  not  to  maintain  suitable  seats  for  the  use 
of  female  employees  unless  he  permits  the  use  thereof  by  such 
employees  to  such  extent  as  may  be  reasonable  for  the  pres- 
ervation of  health  and  proper  rest ;  and  the  question  of  what  is 
thus  reasonable  is  one  for  determination  by  the  jury  or  the 
court  acting  as  a  jury  in  any  prosecution  hereunder. 


206 

506.  Any  violation  of  the  preceding  section  by  any  em- 
ployer shall  be  deemed  a  misdemeanor,  and  shall  be  punish- 
able by  a  fine  of  one  hundred  and  fifty  dollars,  to  be  collected 
as  other  fines  are  collected. 


Tenement  and  Lodging  Houses. 

507.  Xhe  Mayor  and  City  Council  of  Baltimore  are  author- 
ized and  directed  to  enact  ordinances  regulating  the  construc- 
tion, care,  use  and  management  of  tenement  houses,  lodging 
houses  and  cellars  in  the  City  of  Baltimore,  for  the  better  pro- 
tection of  the  lives  and  health  of  the  inmates  dwelling  therein. 

508.  A  tenement  house  shall  be  taken  to  mean  and  include 
every  house,  building  or  portion  thereof  which  is  rented,  leased, 
let  or  hired  out  to  be  occupied,  or  is  occupied,  as  the  house  or 
residence  of  more  than  three  families  living  independently  of 
another,  and  doing  their  own  cooking  upon  the  premises,  or  by 
more  than  two  families  upon  a  floor  so  living  or  cooking,  but 
having  a  common  right  in  the  halls,  stairways,  yards,  water- 
closets  or  privies,  or  some  of  them;  a  lodging  house  shall  be 
taken  to  mean  and  include  any  house  or  building,  or  portion 
thereof,  in  which  persons  are  harbored  or  received,  or  lodged 
for  hire  for  a  single  night,  or  for  less  than  a  week  at  one  time, 
or  any  part  of  which  is  let  for  any  person  to  sleep  in  for  any 
time  less  than  a  week;  a  cellar  shall  be  taken  to  mean  and  in- 
clude every  basement  or  lower  story  of  any  building  or  house 
of  which  one-half  or  more  of  the  height  from  the  floor  to  the 
ceiling  is  below  the  level  of  the  street  adjoining. 

State  Board  of  Commissioners  of  Practical  Plumbing. 

5O9-  It  shall  not  be  lawful  for  any  person,  firm  or  cor- 
poration engaged  in  the  plumbing  business  in  the  City  of  Balti- 
more to  employ  as  workmen  in  said  business  any  persons, 
except  those  qualified  to  work  at  the  plumbing  business,  as 
provided  in  section  511  of  this  Article;  and  no  person  shall  be 
qualified  to  work  at  the  plumbing  business  unless  he  has  made 
application  to  and  received  from  the  State  Board  of  Commis- 
sioners of  Practical  Plumbing  the  certificate  of  competence 


207 

provided  for  in  section  511  of  this  Article,  and  is  otherwise 
qualified,  as  required  by  this  sub-division  of  this  Article.  Any 
person  or  firm  engaged  in  the  plumbing  business  in  the  City 
of  Baltimore,  and  the  superintendent,  manager,  agent  or  other 
officer  of  any  corporation,  engaged  in  the  plumbing  business 
in  the  City  of  Baltimore,  who  shall  employ  any  person  to  work 
at  the  plumbing  business  not  qualified  as  required  by  this  sub- 
division of  this  Article  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  fifty  dollars  for  every  day  or  part  of  every  day 
that  such  employer  shall  employ  such  workman. 

510.  If  any  person  shall  work  at  the  plumbing  business 
in  the  City  of  Baltimore  without  being  qualified  as  required 
by  this  sub-division  of  this  Article  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
not  less  than  five  dollars  nor  more  than  fifty  for  every  day  or 
part  of  every  day  that  such  workman  shall  work  at  the  plumb- 
ing business. 

511.  The  Governor  shall  appoint  biennially  five  persons,, 
who  shall  constitute  a  board  of  commissioners,  which  shall  be 
known  and  designated  as  "The  State  Board  of  Commissioners 
of  Practical  Plumbing,"  and  who  shall  be  selected  as  follows: 
Three  persons  who  are  practical  and  skilled  plumbers  from  the 
City  of  Baltimore,  the  Commissioner  of  Health  of  Baltimore 
City,  and  a  member  of  the  State  Board  of  Health,  from  the 
State  at  large,  whose  duty  it  shall  be  to  faithfully  and  impar- 
tially execute,  or  cause  to  be  executed,  all  the  provisions  and 
requirements  of  this  and  the  two  preceding  sections;  upon 
application  and  in  such  manner  and  at  such  place  as  they  may 
determine,  provided  said  place  of  examination  shall  be  within- 
the  limits  of  the  City  of  Baltimore,  they  shall  examine  each 
and  every  person  who  shall  desire  to  work  at  the  plumbing 
business,  touching   his    competency    and    qualifications;  and 
upon  being  satisfied  that  the  person  so  examined  is  competent 
and  qualified  to  work  at  said  business,  they,  or  any  three  of 
them,  shall  grant  such  person  a  certificate  of  competency,  and 
register  him  in  their  books  as  a  practical  plumber,  which  shall 
operate  as  full  authority  to  him  to  conduct  and  engage  in  the 
said  business  of  plumbing. 


208 

51 2.  The  said  Board  of  Commissioners  shall  demand  and 
receive  from  each  applicant  for  a  certificate  of  competency 
whom  they  examine  and  pass  the  sum  of  three  dollars  at  the 
time  of  the  issuance  of  said  certificate,  and  the  sum  of  one  dol- 
lar for  the  renewal  thereof  each  and  every  year  thereafter,  on 
or  before  the  first  day  of  May. 

513.  The  money  received  under  the  provisions  of  the  fore- 
going section  shall  be  used  and  applied  by  said  Commissioners 
to  defray  their  expenses,  and  all  surplus  over  and  above  their 
necessary  expenses  shall  be  returned  to  the  State  Treasurer  for 
the  use  of  the  State. 

514:-  Said  Commissioners  shall  hold  their  several  offices 
for  the  period  of  two  years,  commencing  from  the  first  day  of 
May  in  the  year  eighteen  hundred  and  eighty-six,  and  there- 
after until  their  successors  have  been  appointed  and  qualified; 
each  Commissioner,  within  thirty  days  after  notification  of  his 
appointment,  shall  take  and  subscribe  an  oath  or  affirmation 
before  the  Clerk  of  the  Superior  Court  of  Baltimore  City,  to 
impartially  and  faithfully  discharge  his  duties  as  said  Com- 
missioner; every  person  appointed  Commissioner,  who  shall 
refuse  or  neglect  to  take  the  oath  or  affirmation  provided  for  in 
this  section,  within  the  period  named,  shall  be  deemed  to  have 
refused  said  office,  and  the  Governor  shall  immediately  appoint 
some  person  qualified  as  provided  in  section  511  of  this  Ar- 
ticle, to  fill  the  vacancy  thus  created;  each  of  said  Commis- 
sioners shall  receive  the  sum  of  five  dollars  for  every  day  that 
he  shall  be  present  at  a  meeting  of  said  Board,  for  the  trans- 
action of  business;  provided,  however,  that  in  each  year  he 
shall  not  receive  compensation  for  more  than  thirty  dollars, 
and  provided,  also,  that  said  compensation  shall  be  paid  out  of 
the  fees  or  other  sums  received  by  said  Board. 

515.  The  said  Board  of  Commissioners  are  empowered  to 
make  such  rules  and  regulations  from  time  to  time  as  in  their 
judgment  they  may  deem  necessary  and  requisite;  and  they 
shall  make  a  report  of  the  condition  of  the  Board  to  the  Gov- 
ernor biennially,  on  or  before  the  first  day  of  February,  with 
a  full  statement  of  their  receipts  and  expenditures. 


209 

HOURS    OF    LABOR. 

516-  No  mechanic  nor  laborer  employed  by  the  Mayor  and 
City  Council  of  Baltimore,  or  by  any  officer,  agent  or  contrac- 
tor under  it,  shall  be  required  to  work  more  than  nine  hours 
per  day  as  a  day's  labor;  provided,  however,  that  this  section 
shall  not  apply  to  mechanics  and  laborers  whose  hours  of  labor 
are  already  fixed  at  less  than  nine  hours  per  day  ;  and  provided, 
further,  that  the  provisions  of  this  sub-division  of  this  Article 
shall  not  apply  to  the  employees  of  the  Fire  Department,  Bay 
View  Asylum  or  the  Baltimore  City  Jail.  Any  such  officer, 
agent  or  contractor  who  shall  require  any  mechanic  or  laborer 
to  work  more  than  nine  hours  per  day,  contrary  to  the  pro- 
visions of  this  section,  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  fifty  dollars  for  each  offence;  one-half  of  such 
fine  to  go  to  the  informer  ;  said  fines  to  be  collected  as  other 
fines  are  collected  by  law. 

HOUSES  OF  REFUGE  AND  REFORMATION. 

517.  The  Mayor  and  City  Council  of  Baltimore,  in  con- 
formity with  the  requirements  of  section  105  of  this  Article, 
is  authorized  and  empowered  to  appropriate  annually  to  the 
House  of  Refuge  and  St.  Mary's  Industrial  School,  any 
sum  or  sums  of  money  not  exceeding  twenty-five  thou- 
sand dollars  per  annum,  and  to  the  Boys'  Home  Society 
of  Baltimore  City,  not  exceeding  the  sum  of  five  thousand  dol- 
lars annually  ;  and  to  the  Female  House  of  Refuge,  not  ex- 
ceeding ten  thousand  dollars  per  annum  ;  and  to  the  Saint 
Vincent  of  Paul's  Orphan  Asylum  of  Baltimore  City,  any  sum 
now  due  said  institutions  for  the  care  of  destitute  or  other 
minors  committed  by  courts  or  police  magistrates  to  its  care, 
and  hereafter  not  exceeding  the  sum  of  two  thousand  dollars 
per  annum.  And  the  said  Mayor  and  City  Council  are  further 
authorized  and  empowered  to  appropriate  for  repairs,  perma- 
nent improvements  and  additions  to  the  buildings  now  occu- 
pied and  used  by  the  House  of  Refuge  and  the  Maryland 
Female  House  of  Refuge,  such  additional  sum  or  sums  of 
money  as  in  their  judgment  shall  from  time  to  time  be  required 
for  these  purposes. 


210 

518.  The  Judge  of  the  Criminal  Court  of  Baltimore,  the 
President  of  the  Board  of  Police  Commissioners,  and  the  Mar- 
shal of  the  Police  of  the  City  of  Baltimore,  shall,  at  such  times- 
as  they  may  think  proper,  visit  and  inspect  the  House  of  the- 
Good  Shepherd. 

IMMIGRANTS. 

519.  Xhe  master  or  commander  of  any  vessel  arriving  from, 
a  foreign  country  or  from  any  other  of  the  United  States,  who 
shall  enter  said  vessel  at  the  custom-house  in  the  City  of  Balti- 
more, shall,  within  twenty-four  hours  after  such  entry,  make  a 
report  in  writing  on  oath  to  the  Mayor  of  said  City,  of  the 
name,  age  and  occupation  of  every  alien  who  shall  have  been 
brought  or  carried  as  passenger  in  such  vessel  on  that  voyage, . 
upon  pain  of  forfeiture,  for  every  neglect  or  omission  to  make 
such  report,  of  the  sum  of  twenty  dollars  for  every  such  passen- 
ger neglected  or  omitted  to  be  so  reported. 

520.  Xhe  Mayor,  or  other  person  discharging  the  duties 
of  his  office,  shall  require  the  owner  or  consignee  01  every 
vessel  arriving  from  a  foreign  country,  or  from  any   other 
of  the  United  States,  which  shall  be  entered  in  said  custom- 
house, upon  pain  of  forfeiture  to  the  Mayor  and  City  Council, 
of  Baltimore,  of  twenty  dollars   for  every  neglect   or  omis- 
sion  to   give   a   several   bond   to  the   State   of   Maryland    in 
the  penalty  of  three  hundred  dollars,  for  each  passenger  in- 
cluded in  the  report  of  the  master  or  commander  of  such  vessel 
directed  to  be  made  by  the  preceding  section,  and  conditioned 
to  indemnify  and  save  harmless  each  and  every  City,  town  and 
county  in  this  State,  from  any  cost  which  such  City,  town  or 
county  shall  incur,  for  the  relief  or  support  of  the  person  named 
in  the  bond,  within  five  years  from  the  date  of  the  bond,  and 
also  to  indemnify  and  refund  any  charge  or  expense  such  City, 
town  or  county  may  necessarily  incur  for  the  support  or  med- 
ical care  of  the  person  named  therein,  if  received  into  the  alms- 
house  or  hospital  or  any  other  institution  under  their  care. 

521.  Every  such  bond  shall  be  signed  by  two  or  more  suffi- 
cient securities,  residents  of  the  State  of  Maryland,  each  of" 


211 

whom  shall  prove,  by  oath  or  otherwise,  that  he  is  owner  of  a 
freehold  in  said  State,  of  the  value  of  three  hundred  dollars 
over  and  above  all  claims  or  liens  thereon  or  against  him,  in- 
cluding any  contingent  claim  which  may  accrue  from  or  upon 
any  former  bond  given  under  the  provisions  of  this  sub- 
division of  this  Article. 

522.  if  the  principal  in  said  bond  chose,  instead  of  the 
security  required  in  the  preceding  sections,  he  may  secure  said 
bond  by  mortgage  of  real  estate,  or  by  the  pledge  and  transfer 
of  public  stock  of  the  United  States,  or  of  the  State  of  Mary- 
land, or  of  the  City  of  Baltimore,  or  by  deposit  of  the  amount 
of  the  penalty  in  some  bank,  subject  to  the  order  of  the  Mayor 
of  the  City. 

523.  Any  security,  whether  real  or  personal,  offered  by 
such  owner  or  consignee,  shall  first  be  approved  by  the  Mayor 
of  the  City. 

524.  The  owner  or  consignee  of  any  vessel  may  at  any  time 
within  three  days  after  the  landing  of  such  passengers,  com- 
mute for  the  bond  hereinbefore  required,  by  paying  to  the 
City  Register  the  sum  of  one  dollar  and  fifty  cents  for  each 
and  every  passenger  reported  as  hereinbefore  required  by  this 
sub-division  of  this  Article,  and  the  receipt  of  such  sum  by  the 
City  Register  shall  be  deemed  a  full  and  sufficient  discharge 
from  the  requirement  of  giving  such  bond. 

525.  if  any  alien  passenger  in  such  vessel  shall  be  suffered 
to  land  therefrom  at  any  place  within  the  distance  of  fifty  miles 
from  said  City,  with  the  intent  to  proceed  thereto  otherwise 
than  in  said  vessel,  the  master  or  commander  thereof  shall  for- 
feit and  pay  for  every  such  person  the  sum  of  one  hundred  dol- 
lars, unless  within  forty-eight  hours  after  the  entry  of  the  vessel, 
the  owner  or  consignee  shall  give  bonds  or  pay  the  commuta- 
tion money  aforesaid. 

526.  All  or  any  of  the  said  penalties  and  forfeitures,  as  well 
as  the  said  commutation  money,  may  be  sued  for  in  the  name 
of  the  Mayor  and  City  Council  of  Baltimore,  before  any  Justice 


212 

of  the  Peace,  in  the  same  manner  and  subject  to  the  same  iuies 
and  process,  and  the  right  of  appeal  as  provided  in  cases  of 
small  debts. 

527.  The  Mayor  may  compound  for  or  remit  the  said  pen- 
alties and  forfeitures,  and  payments  and  recoveries,  or  any  of 
them,  either  before  or  after  suing  for  the  same,  upon  such  terms 
as  the  circumstances  of  the  case  may  in  his  judgment  require. 

528.  The  Mayor  and  Register  shall  pay  over  to  the  trus- 
tees for  the  poor  of  Baltimore  City,  semi-annually,  three-fifths 
of  all  sums  of  money  arising  from  commutation  by  owners  or 
consignees  of  vessels  as  aforesaid,  which  shall  be  appropriated 
by  said  trustees  to  the  use  of  the  City  of  Baltimore,  for  the 
purpose  of  supporting  the  foreign  paupers  of  the  said  City,  and 
the  remaining  two-fifths  shall  be  paid  to  the  Hibernian  Society 
of  Baltimore,  and  the  German  Society  of  Maryland,  in  the  pro- 
portions mentioned  in  the  next  succeeding  section. 

529.  All  money  received  by  the  Mayor  or  Register  for 
penalties  and  forfeitures  imposed  by  this  sub-division  of  this 
Article  shall  be  distributed  and  paid  by  the  Mayor  and  City 
Council  as  follows:  two-fifths  thereof  to  the  German  Society  of 
Maryland,  and  the  Hibernian  Society  of  Baltimore,  to  be  di- 
vided between  them  as  follows:  to  the  German  Society  in  pro- 
portion to  the  amount  received  from  and  on  account  of  German 
and  Swiss  passengers,  and  to  the  Hibernian  Society  in  propor- 
tion to  the  amount  received  from  and  on  account  of  Irish  pas- 
sengers; and  the  remaining  three-fifths  to  the  Supervisors  of 
City  Charities. 

530.  The  Register  of  the  City  shall  be  entitled  to  two  per 
centum  upon  the  amount  of  money  collected  under  this  sub- 
division of  this  Article. 

531.  Nothing  contained  in  the  twelve  preceding  sections 
shall  be  deemed  to  extend  to  any  ambassadors,  ministers,  con- 
suls or  agents  of  foreign  governments  arriving  as  passengers 
in  the  port  of  Baltimore. 


213 

INSPECTIONS,   WEIGHTS   AND   MEASURES. 

Barrels. 

532.  The    standard    barrel    for    the    measurement    of    all 
green  peas  or  beans  in  the  hull,  for  which  a  heaping  measure 
is  now  given,  shall  be  of  the  following  dimensions,  namely: 
diameter  of  said  barrel  at  the  top  shall  be  eighteen  and  three- 
fourths  inches  inside  the  staves,  the  diameter  at  the  bottom 
inside  the  staves  shall  be  sixteen  and  one-fourth  inches,  and  the 
depth  of  said  barrel  shall  be  twenty-six  inches  inside,  and  to 
contain  in  all  six  thousand  two  hundred  and  fifty-three  and 
three-fourths  cubic  inches,  measurement  by  said  barrel  to  be 
struck  measure. 

533.  Xhe    dimensions    of   any    barrel    so    used    shall    be 
stamped  by  the  Inspector  of  Weights  and  Measures  of  the 
City  of  Baltimore  upon  the  same,  in  three  conspicuous  places, 
and  any  person  using  a  barrel  for  the  measurement  of  peas, 
beans  and  like  farm  products,  without  being  so  stamped,  shall 
be  fined  not  less  than  one  hundred  dollars,  or  more  than  five 
hundred  dollars;  said  fine  to  be  collected  as  other  fines  are  now 
collected. 

534.  It  shall  be  the  duty  of  said  Inspector  of  Weights  and 
Measures  and  any  measurer  of  the  City  of  Baltimore,  from 
time  to  time  to  inspect  the  barrels  used  for  the  measurement  of 
said  peas,  beans  and  other  farm  products,  and  to  see  that  the 
provisions  of  this  sub-division  of  this  Article  are  complied 
with;  and  upon  the  conviction  of  any  person  or  corporation 
under  the  provisions  of  this  sub-division  of  this  Article,  one- 
half  of  the  fine  imposed  shall  be  paid  to  said  Inspector  of 
Weights  and  Measures  of  the  City  of  Baltimore. 

Coal 

535.  Every  person  dealing  in  or  selling  mineral  coal  within 
the  City  of  Baltimore  shall  have  scales  of  suitable  capacity  at- 
tached to  the  premises  occupied  by  him ;  any  neglect  upon  the 
part  of  the  dealer,  seller  or  owner  of  coal-yards  or  wharves  that 
are  used  for  the  sale  of  coal,  to  have  the  said  scales  placed  within 


214 


the  aforesaid  yards  or  wharves,  shall  be  subject  to  a  penalty  of 
ten  dollars  for  each  and  every  offence,  to  be  recovered  by  indict- 
ment and  paid  to  the  Comptroller  of  Baltimore  City. 


536-  If  any  owner  of  a  cart  or  other  vehicle  used  for  haul- 
ing coal  in  the  City  of  Baltimore  shall  neglect  to  have  such 
coal  weighed  upon  the  scales  named  in  the  preceding  section, 
or  if  any  dealer  or  seller  shall  sell  the  aforesaid  coal  to  any 
cart,  wagon  or  other  vehicle,  without  being  so  weighed,  he 
shall  be  subject  to  a  penalty  of  ten  dollars  for  each  and  every 
offence,  to  be  recovered  by  indictment  and  to  be  paid  to  the 
Comptroller  of  the  City  of  Baltimore. 


It  shall  be  the  duty  of  any  policeman  of  Baltimore 
City,  when  called  for  by  the  purchasers  or  any  interested  per- 
son, or  when  such  officer  has  reason  to  believe  any  cart,  wagon 
or  other  vehicle  on  the  street  or  road  containing  coal  has  not 
the  proper  weight,  to  take  such  cart,  wagon  or  other  vehicle 
to  the  nearest  State  or  available  private  scale  and  have  it 
weighed  ;  and  the  party  so  weighing  shall  give  a  sworn  certifi- 
cate of  the  weight;  and  the  seller  of  said  coal  shall  not  make  any 
additional  charge  for  hauling  said  coal  to  any  scales  to  be 
weighed;  and  if  the  driver  of  said  cart  or  other  vehicle,  or  the 
owner  thereof,  shall  refuse  to  drive  said  cart  or  other  vehicle 
to  said  scales  to  be  weighed  as  aforesaid,  such  driver  or  owner 
so  refusing  shall  be  fined  the  sum  of  five  dollars,  to  be  recovered 
by  indictment  and  paid  to  the  Comptroller  of  Baltimore  City. 

538-  It  shall  be  the  duty  of  every  seller  of  coal  to  send  with 
each  and  every  load  of  coal  sold  by  him  a  card  or  ticket,  which 
shall  indicate  on  its  face  in  plain  characters  the  seller's  name, 
the  date,  the  weight  of  coal  contained  in  the  cart,  wagon  or 
other  vehicle  in  which  it  is  being  transported  ;  and  any  vendor 
of  coal  violating  such  provisions,  or  being  found  selling  or 
delivering  any  load  of  coal  without  such  card  or  ticket,  shall 
be  liable  to  a  fine  of  not  less  than  five  dollars,  nor  more  than  ten 
dollars  for  each  and  every  offense,  to  be  recovered  and  appro- 
priated as  provided  in  the  preceding  Section  ;  provided,  how- 


215 

•ever,  that  two  per  centum  shall  be  allowed  in  the  weight  of  the 
coal  in  the  said  cart,  wagon  or  other  vehicle  for  variation  of 

.scales;  and  provided,  further,  that  nothing  in  this  Section  con- 
tained shall  apply  to  sales  of  coal  by  manifest  weight  in  car  or 

-  cargo  lots. 

539-  A  compensation  of  twenty-five  cents  per  ton  shall  be 
-paid  to  the  parties  weighing  coal  under  the  foregoing  section, 
said  sum  for  weighing  to  be  paid  by  the  seller,  if  the  coal  is 
deficient  in  weight,  otherwise  to  be  paid  by  the  purchaser. 

539A.  The  Board  of  Police  Commissioners  shall  order  the 
•detail  of  one  policeman  from  each  of  the  eight  districts  of  the 
City  (but  one  only  at  a  time,  and  the  said  policeman  so  ap- 
pointed shall  not  serve  continuously),  and  each  district  chang- 
ing alternately  with  the  others  for  such  time  as  the  judgment 
of  the  Marshal  shall  determine.  Such  policeman  shall  be 
charged  with  the  duty  of  enforcing  the  Coal  Law  for  the  ben- 
efit of  the  public  and  specially  watching  the  delivery  of  mineral 
•coal  by  carts,  wagons  or  other  vehicles,  and  he  shall  be  empow- 
ered with  authority  to  weigh  any  cart,  wagon  or  other  vehicle 
loaded  with  coal  at  any  time  he  may  elect  to  do  so. 

54O.     The  provisions  of  this  sub-division  of  this  Article  shall 
not  apply  to  the  sale  of  coal  by  single  bushel,  half  bushel  or 
-peck. 

Gas  Meters. 

• 

541  •  It  shall  be  the  duty  of  every  gas  company  manufac- 
turing, furnishing  and  selling  gas  in  the  City  of  Baltimore,  to 
place  upon  the  premises  of  every  consumer  using  gas,  a  correct 
apparatus  or  meter  for  registering  the  consumption  of  the 
same,  and  it  shall  be  the  duty  of  the  company  to  see  that  said 
apparatus  or  meter  is  kept  in  proper  working  order  and  con- 
dition. 

542-  It  shall  not  be  lawful  for  said  company,  under  any 
circumstances,  to  charge  or  collect  for  any  greater  amount  of 
-gas  than  is  registered  by  said  apparatus  or  meter. 


216 

543«  Any  consumer  may,  at  any  time,  cause  said  apparatus 
or  meter  to  be  tested  by  the  Superintendent  of  Lamps  and 
Lighting  or  one  of  his  Assistants,  who  shall  make  said  test  in. 
the  presence  of  the  consumer  and  of  an  agent  of  the  gas  com- 
pany by  which  the  gas  may  be  supplied,  if  desired,  and  shall, 
furnish  to  the  consumer  a  certificate  under  oath  of  the  true  con- 
dition and  working  of  said  apparatus  or  meter;  and  if  it  shall  be 
found,  upon  any  such  test,  that  said  apparatus  or  meter  is  regis- 
tering gas  in  favor  of  said  company,  then,  in  the  absence  of  any 
fraud  upon  the  part  of  the  consumer,  the  said  company  shall, 
refund  to  the  consumer  an  amount  in  lawful  money  equal  to  the 
percentage  that  the  said  apparatus  or  meter  has  been  register- 
ing too  fast,  upon  the  bills  of  said  consumer,  registered  by  said 
apparatus  or  meter,  for  the  four  months  next  preceding  the  said 
test,  unless  the  said  company  can  prove  that  such  inspection 
and  certificate  do  not  show  the  correct  result;  and  in  case  such 
refunding  does  take  place,  the  said  company  shall  also  pay  the 
expenses  incurred  in  making  said  test. 

Gangers  of  Casks  and  Liquors. 

544«  Any  citizen  of  the  State  of  Maryland,  on  application  to 
the  Clerk  of  the  Court  of  Common  Pleas -in  the  City  of  Balti- 
more, and  on  paying  one  hundred  dollars  to  the  said  clerk,  shall 
be  entitled  to  receive  a  license  to  act  as  gauger  of  casks  and 
liquors,  for  the  term  of  one  year  from  the  date  thereof.  The 
person  applying  for  said  license  shall,  at  the  time  of  receiving 
the  same,  take  and  subscribe  before  said  clerk,  an  oath  that  he 
will  honestly  and  faithfully  discharge  the  duties  of  said  office. 

545.  No  person  engaged  in  vending  or  trading  in  or  manu- 
facturing casks  or  liquors  individually,  or  as  a  partner,  or  as 
agent,  clerk  or  employee  of  a  trader,  vender  or  manufacturer  of 
said  articles,  or  either  of  them,  or  any  commissioned  officer,, 
shall  be  licensed  to  act  as  gauger  of  casks  and  liquids 

546-  Any  person  may  sell,  export  or  otherwise  dispose  of 
any  foreign  or  domestic  liquors  in  casks,  without  having  the- 
same  gauged  by  a  licensed  gauger,  but  in  cases  of  difference 
between  the  buyer  and  seller  as  to  the  quantity,  either  party- 
may  call  in  a  gauger,  and  his  judgment  shall  bind  the  parties. 


217 

547.  The  gaugers  shall  procure  and  use  a  correct  set  of 
gauging  instruments,  and  as  soon  as  they  have  ascertained  the 
capacity  of  any  cask  they  shall  distinctly  mark  with  marking 
irons  the  capacity  on  the  bilge  near  the  bung,  and  prefix  the 
letter  M.,  for  the  State  of  Maryland,  and  the  first  letter  of  the 
surname  of  the  gauger  who  does  the  gauging;  and  any  cask 
containing  such  liquor,  to  be  merchantable,  must  be  round  at 
the  bilge  and  heads,  the  staves  thereof  to  be  seasoned  white 
oak,  free  from  any  injurious  portion  of  sap-wood,  and  not  less 
than  half  an  inch  thick  at  the  thinnest  part,  and  not  more  than 
three-quarters  of  an  inch  at  the  thickest  part,  and  to  be  tight 
and  secured  with  a  sufficient  number  of  good  hoops;  if  of  iron, 
six;  and  if  of  wood,  not  less  than  twelve;  and  at  least  not  less 
than  twelve  on  all  double  barrels  and  hogsheads;  and  if  any 
cask  containing  such  liquor  shall  be  found  deficient  in  any  of 
these  respects  by  said  gauger,  he  shall  direct  it  to  be  coopered, 
or  other  casks  substituted  therefor,  at  the  expense  of  the  owner 
or  seller;  and  if  any  such  cask  shall  be  fraudulently  made,  the 
owner  or  seller  thereof,  or  his  agent,  shall  forfeit  the  cask  to 
the  use  of  the  State. 

548.  The  said  gaugers,  in  order  to  ascertain  the  capacity 
of  casks,   shall  conform   to   the  Baltimore  standard   of  wine 
measure ;  and  if  any  cask  or  vessel  gauged  or  marked  by  said 
gauger  shall  in  its  capacity  be  found  lacking  or  exceeding  one 
or  more  gallons  in  a  cask  of  a  larger  size,  the  gauger  shall  for- 
feit and  pay  two  dollars  for  each  gallon  so  lacking  or  exceed- 
ing the  number  of  gallons  marked  by  him  on  the  cask. 

549-  If  any  person  shall  alter  any  mark,  or  number  marked 
or  set  down  by  any  gauger,  thereby  to  deceive  and  defraud  the 
purchaser  of  distilled  spirits,  wine,  molasses  or  other  liquid  mer- 
chandise so  gauged  and  marked,  or  shall  put  any  false  mark  or 
number  on  said  cask,  or  upon  any  certificate  intended  to  coun- 
terfeit the  mark  or  number  of  the  gauger,  he  shall  forfeit  and 
pay  twenty  dollars  for  every  offence,  one-half  to  the  informer 
and  the  other  half  to  the  use  of  the  State. 

c»5u.  Every  gauger  so  licensed  shall  be  entitled  to  demand 
and  receive  from  the  person  at  whose  request  he  shall  gauge 


218 

any  cask,  the  following  fees,  to  wit:  For  gauging  casks  not 
exceeding  forty  gallons,  ten  cents  per  cask;  for  casks  of  larger 
size,  fifteen  cents. 

55 !•  Any  person  not  being  properly  licensed,  who  shall  act 
as  gauger,  or  being  so  licensed  shall  act  as  said  ganger  outside 
of  the  limits  of  the  said  City,  shall  forfeit  and  pay  to  the  Sheriff 
of  the  City  the  sum  of  three  hundred  dollars ;  said  penalty  to  be 
imposed  as  a  fine  by  the  Criminal  Court,  on  presentment  and 
indictment  by  the  Grand  Jury  and  conviction  in  due  course  of 
law,  and  one-third  of  the  penalty  shall  be  paid  by  the  Sheriff 
to  the  informer,  and  the  residue  shall  be  accounted  for  by  the 
Sheriff  to  the  treasury  as  other  fines ;  if  any  person  so  licensed 
shall  be  guilty  of  a  fraud  by  reason  of  collusion  with  any  par- 
ties, he  shall  be  deemed  guilty  of  misdemeanor,  and  shall,  on 
presentment  and  indictment  therefor,  and  conviction  thereof, 
forfeit  and  pay  a  fine  of  not  less  than  five  hundred  dollars  or 
more  than  one  thousand  dollars  for  every  such  offence,  or  be 
imprisoned,  in  the  discretion  of  the  court,  for  a  time  not  exceed- 
ing three  years,  or  both,  and  shall  also  be  liable  in  damages  at 
the  suit  of  the  party  aggrieved. 


Hay  and  Straw. 

552.  Xhe  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  biennially  appoint  four  inspectors  of  hay  and 
straw  for  the  City  of  Baltimore. 

553.  Each  of  said  inspectors  shall  give  bond  to  the  State 
of  Maryland,  in  the  sum  of  two  thousand  dollars,  for  the  true 
and  faithful  performance  of  the  duties  of  his  office. 

554-  All  hay  and  straw  brought  to  the  City  of  Baltimore 
may  be  weighed  at  the  State  hay  scales  as  now  established  by 
law,  by  one  of  the  inspectors,  at  the  rate  of  one  hundred  pounds 
to  the  hundred  weight,  making  a  reasonable  allowance  for  the 
moisture  thereof,  as  well  as  the  mud  or  other  substance  at- 
tached to  the  wagon,  cart  or  sled  containing  the  same. 


219 

555.  The  inspector  shall  give  a  certificate  of  every  load  of 
hay  or  straw  weighed  by  him,  stating  the  gross  and  net  weight 
of  such  straw  or  hay,  and  wagon,  cart  or  sled. 

556.  The  said  inspector  shall  be  entitled  to  demand  and 
receive  for  each  and  every  load  of  hay  and  straw  inspected  by 
him,  of  whatever  weight,  one  cent  per  hundred  weight;  and 
for  weighing  hemps,  cable,  anchors,  dye-woods,  barks,  etc., 
two  cents  per  hundred  pounds;  and  for  inspecting  and  weigh- 
ing corn  in  the  ear  and  corn  husks,  one  cent  per  hundred 
pounds. 


If  any  person  bringing  hay  or  straw  to  said  City  shall 
neglect  to  have  the  same  weighed  by  the  said  inspector,  or  shall 
be  detected  in  having  stones,  rubbish,  wood  or  anything  else 
concealed  in  his  load,  or  shall  in  any  manner  change  the  condi- 
tion of  his  cart,  wagon,  carriage  or  sled,  with  fraudulent  inten- 
tion, he  shall  forfeit  and  pay  for  each  and  every  such  offence 
the  sum  of  five  dollars;  provided,  however,  any  person  bringing 
hay  or  straw  to  market,  who  shall  sell  and  deliver  the  same  for 
consumption  west  of  Gwynn's  Falls,  shall  not  be  subject  to  the 
penalty  herein  recited  as  to  not  having  said  load  of  hay  or 
straw  weighed  by  the  weighmaster  at  the  western  hay  scales, 
provided  he  shall  tender  to  the  weigher  of  hay  and  straw,  at 
the  western  hay  scales,  on  the  day  of  delivery  of  said  hay  or 
straw,  such  fee  as  is  prescribed  by  law,  said  fee  to  be  ascertained 
by  the  certificate  of  the  person  weighing  said  hay  or  straw; 
and  when  said  certificate  of  private  weigher  is  presented  to  the 
weighmaster  of  hay  and  straw  at  the  western  hay  scales,  the  said 
weighmaster  shall  retain  the  certificate  of  the  private  weigher, 
and  issue  to  the  person  presenting  the  certificate  from  the  pri- 
vate weigher,  a  certificate  from  the  book  of  the  weighmaster  at 
the  western  hay  scales  corresponding  with  the  certificate  of  the 
private  weigher,  for  which  the  weighmaster  at  the  western  hay 
scales  shall  collect  the  fee  prescribed  by  law;  any  seller  of  hay 
or  straw  failing  to  comply  with  the  provisions  of  this  section  or 
failing  to  present  the  certificate  of  the  private  weigher  to  the 
weighmaster  at  the  western  hay  scales,  shall  be  subject  to  a 
fine  of  five  dollars  for  each  and  every  such  offence. 


220 

558.  That  any  private  weigher,  who  shall  under  a  false  cer- 
tificate, and  any  seller  of  hay  or  straw  who  shall  present  a  false 
certificate  to  the  weigher  of  hay  and  straw  at  the  western  hay 
scales,  shall  be  subject  to  a  fine  of  five  dollars  and  costs  for  each 
and  every  such  offence. 

559-  If  any  person,  after  having  his  hay  or  straw  weighed, 
and  having  obtained  the  inspector's  certificate,  specifying  the 
quantity  thereof,  shall  dispose  of  any  part  thereof,  or  in  any 
manner  diminish  the  same  in  quantity,  thereby  to  defraud  or 
deceive  thevpurchaser  thereof,  he  shall  forfeit  and  pay  for  every 
such  offence  the  sum  of  twenty  dollars. 

560.  The  said  inspectors  may  re-weigh  carts,  wagons,  car- 
riages or  sleds,  as  often  as  they  may  deem  expedient;  and  if  at 
any  time  either  of  them  shall  be  required  to  do  so  by  a  pur- 
chaser of  hay  or  straw,  and  it  shall  be  found  that  his  report  of 
the  weight  of  the  cart,  wagon,  carriage  or  sled  is  correct,  the 
person  requiring  the  same  shall  pay  twenty  cents  to  said  in- 
spector; in  other  cases  the  re-weighing  shall  be  free  of  charge. 

561.  The  said  inspector  shall,  at  all  times  when  required, 
weigh  hemps,  cables,  anchors,  dye-woods,  barks,  roots,  etc. 

562.  in  addition  to  the  charge  hereinbefore  authorized  for 
the  .use  of  the  State  hay  scales,  the  inspector  shall  be  entitled 
to  demand  and  receive  fifteen  cents  for  each  and  every  load  of 
hay  or  straw  which  shall  remain  half  an  hour  on  the  premises 
after  the  weighing  thereof,  but  shall  be  removed  before  night, 
and  thirty  cents  for  each  and  every  load  which  shall  be  left  on 
the  premises  until  the  next  morning. 

563.  The  weighing  apparatus  shall  be  adjusted  at  least  once 
in  six  months  by  the  standard  of  weights  for  the  City  of  Balti- 
more, the  expenses  of  which,  together  with  all  the  expense 
for  repairs,  shall  be  paid  by  the  inspectors. 

564.  The  inspectors  shall  severally  account  for,  under  oath, 
and  pay  over  to  the  Treasurer,  quarterly,  all  moneys  received 
by  them  as  inspectors,  after  retaining  for  their  services  three- 
fourths  of  all  moneys  received  under  sections  556  and  560,  and 
one-fifth  of  all  moneys  received  under  section  5620?  this  Article. 


221 

5G5-  It  shall  be  the  duty  of  the  inspector  of  hay  and  straw 
having  charge  of  the  eastern  hay  scales  at  Canton,  in  the  City 
of  Baltimore,  to  weigh  all  cattle  and  hogs  required  by  law  to  be 
weighed,  which  may  be  brought  to  said  scales  for  that  purpose; 
and  the  said  inspector  shall  be  entitled  to  demand  and  receive 
for  the  use  of  the  State,  for  the  first  time  of  weighing  any  live- 
stock, except  sheep,  required  by  law  to  be  weighed,  two  cents 
for  every  hundred  weight,  and  one  cent  per  head  for  every 
sheep ;  and  for  every  second  and  subsequent  weighing,  for  cat- 
tle and  hogs,  two  cents  for  every  thousand  weight,  and  sheep, 
one  cent  for  every  thousand  weight,  and  all  live-stock  not  re- 
quired to  be  weighed,  the  sum  of  six  cents  for  every  thousand 
weight. 

566.  He  shall  keep  a  mil  record  of  all  weights  as  ascer- 
tained and  determined  by  him,  of  what,  and  for  whom  the  same 
may  be  ascertained  and  determined,  and  all  money  received 
by  him  for  weighing  live-stock,  and  all  expenditures  and  dis- 
bursements, in  books  to  be  provided  for  him  for  that  purpose, 
which  books  shall  belong  to  the  State,  and  shall  at  all  times  be 
subject  to  the  inspection  and  order  of  the  Comptroller;  and  he 
shall,  at  the  expiration  of  every  six  months,  or  within  five  days 
thereafter,  upon  his  oath,  taken  before  a  Justice  of  the  Peace  for 
said  City,  make  a  full  statement  of  all  receipts  for  weighing  all 
live-stock  weighed  by  him  for  the  six  months  immediately  pre- 
ceding said  statement,  and  from  whom  received,  and  all  dis- 
bursements by  him  made  to  the  Comptroller;  and  if  the  balance 
in  the  hands  of  said  inspector  for  weighing  live-stock  for  said 
six  months  shall  exceed  the  sum  of  two  hundred  dollars,  he 
shall  pay  the  excess  into  the  Treasury ;  but  if  there  be  no  excess 
over  and  above  two  hundred  dollars,  after  deducting  all  neces- 
sary expenses  for  receipts  for  weighing  live-stock,  the  said  in- 
spector shall  retain  the  balance  as  compensation  for  his  ser- 
vices for  weighing  such  live-stock. 

567.  Upon  failure  and  refusal  of   any  agent  or  owner  of 
live-stock  to  pay  for  weighing  the  same  he  may  impound  any 
number  of  live-stock  he  may  deem  necessary  to  cause  such 
fees  to  be  paid;  provided,  no  injury  be  done  to  said  stock  by 
confining  them  as  aforesaid,  and  that  they  be  delivered  to  the 
owner  or  agent  upon  payment  of  all  just  and  proper  charges. 


222 

568.  If  the  inspector   shall  neglect  or   delay  to  weigh  or 
cause  to  be  weighed  any  live-stock  brought  to  said  scales  for 
the  purpose  of  being  weighed,  for  a  time  not  exceeding  twenty- 
four  hours  after  he  shall  have  been  requested  to  weigh  the  same, 
he  shall  forfeit  and  pay  to  the  owner  of  such  live-stock  or  his 
agent  the  sum  of  ten  cents  an  hour  upon  each  and  every  head 
thereof  for  so  many  hours  as  he  shall  omit  or  neglect  to  weigh 
the  same,  over  and  above  the  term  of  twenty-four  hours,  Sun- 
day excepted,  to  be  recovered  in  an  action  of  debt  before  a  Jus- 
tice of  the  Peace,  with  costs. 

569.  The  said  inspector  of  hay  and  straw  shall  execute  a 
bond  to  the  State  in  addition  to  the  bond  now  provided  by  law 
to  be  given  by  said  inspector,  to  be  approved  by  the  Comp- 
troller, in  the  penal  sum  of  one  thousand  dollars,  conditioned 
for  the  full  performance  of  all  acts  and  things  required  by  him 
as  weigher  of  live-stock  at  said  scales,  and  to  pay  all  damages 
that  may  be  sustained  by  reason  of  wilful  omission,  refusal  or 
neglect  to  discharge  said  duties ;  which  bond  shall  be  filed  with 
the  State  Comptroller;    but  said  inspector  or  weigher  of  hay 
and  straw  shall  be  chargeable  with  the  payment  of  a  tax  of  ten 
dollars,  and  no  more,  for  his  commission. 

570.  All  fines  and  forfeitures  imposed  under  sections  557  to 
559  may  be  recovered  with  costs  in  the  name  of  the  State,  be- 
fore a  Justice  of  the  Peace  in  the  manner  that  small  debts  are 
recovered ;  one-half  to  the  informer  and  the  other  half  to  the  use 
of  the  State. 

Manure. 

571.  A  cart  load  of  manure  shall  contain  forty  cubic  feet. 

Steam  Boilers. 

572.  The   Governor  shall  biennially  appoint  two  suitable 
persons  who  are  well  skilled  in  the  construction  and  use  of 
steam  engines  and  boilers,  and  in  application  of  steam  thereto, 
whose  duty  it  shall  be  to  inspect  steam  boilers  in  the  City  of 
Baltimore,  as  hereinafter  specified  and  directed;  said  inspectors 
before  entering  on  their  duties,  shall  make  oath  before  a  Jus- 
tice of  the  Peace,  that  they  will  faithfully  perform  the  duties  of 
their  office  without  fear,  partiality  or  favor;  that  they  are  not,. 


223 

and  will  not  during  their  term  of  office,  be  connected  with,  or 
interested  in  the  manufacture  of  steam  boilers,  engines  or  ma- 
chinery applicable  thereto,  and  that  they  will  not  during  their 
term  of  office,  accept  any  money,  gift,  gratuity  or  consideration 
from  any  person,  and  shall  give  bond,  to  be  approved  by  the 
State  Comptroller,  in  the  sum  of  five  thousand  dollars  each,  for 
the  faithful  discharge  of  their  duties. 

573.  Xhe  City  of  Baltimore  is  divided  into  two  districts,, 
which  shall  be  known  as  the  first  and  second  steam  boiler  in- 
spection districts;  the  first  district  shall  embrace  what  is  now 
known  as  the  Eastern,  Northeastern  and  Southern  Police  Dis- 
tricts; the  second  shall  embrace  what  is  now  known  as  the  Cen- 
tral, Western,  Northwestern  and  Southwestern  Police  Districts 
of  said  City;  and  the  Governor  in  appointing  the  inspectors 
shall  assign  each  to  his  respective  district. 

574.  Xhe  inspectors,  before  entering  on  the  discharge  of 
their  duties,  shall  provide  themselves  with  an  office  in  a  central 
part  of  said  City,  also  with  the  necessary  apparatus  and  appli- 
ances for  the  testing  of  steam  boilers ;  and  they  shall  give  notice 
for  three  successive  days,  through  the  two  daily  papers  having 
the  largest  circulation  in  said  City,  of  the  time  and  manner  in 
which  they  shall  receive  the  reports  of  the  locations  of  steam 
boilers. 

575.  Every  owner  or  renter  using  a  steam  boiler  in  said 
City,  shall,  within  ten  days  after  the  publication  of  the  afore- 
said notice,  report  to  the  inspector  of  the  district  the  location 
of  such  boiler,  under  a  penalty  of  fifty  dollars  for  each  day  a 
boiler  is  used  and  neglected  to  be  reported. 

576.  Xhe   inspector  of  each  district   shall  give   six   days' 
notice  in  writing  to  each  owner  or  renter  of  a  steam  boiler,  or 
the  engineer  or  person  in  charge,  of  the  time  when  he  will  in- 
spect such  boiler;  and  such  owner  or  renter  shall  have  such 
boiler  ready  for  inspection,  in  compliance  with  the  require- 
ments of  said  notice,  and  shall  furnish  such  assistance  as  the 
inspector  may  require,  under  a  penalty  of  fifty  dollars  for  such 
failure  or  neglect,  and  a  further  penalty  of  fifty  dollars  for  each 
day  any  such  boiler  is  used  without  a  certificate  of  inspection. 


224 

It  shall  be  the  duty  of  each  inspector,  once  at  least  in 
every  year,  to  inspect  all  stationary  steam  boilers  of  three  horse 
power  and  upwards,  used  within  the  limits  of  his  district,  sub- 
jecting them  to  a  hydrostatic  test  of  at  least  twenty-five  per 
cent,  in  excess  of  the  steam  pressure  allowed,  and  satisfy  him- 
self, by  a  thorough  external  and  internal  examination,  (if  pos- 
sible,) with  a  hammer,  that  the  boilers  are  free  from  danger  from 
corrosion  or  other  defects,  are  well  made  of  good  material,  the 
openings  for  the  passage  of  water  and  steam,  respectively,  and 
all  pipes  and  tubes  exposed  to  heat  are  of  proper  dimensions, 
and  free  from  obstruction;  that  the  flues  and  tubes,  if  any,  are 
circular  in  form,  the  furnaces  in  proper  shape,  and  the  fire  line 
of  the  furnaces  is  at  least  two  inches  below  the  minimum  water 
line  of  the  boilers ;  and  shall  also  satisfy  himself  that  the  safety 
valves  are  of  suitable  dimensions,  sufficient  in  number  and  well 
arranged,  and  that  the  weights  are  properly  adjusted  so  as  to 
allow  no  greater  pressure  in  the  boiler  than  the  amount  pre- 
scribed in  the  certificate  of  inspection;  that  there  is  a  sufficient 
number  of  gauge-cocks,  a  steam  gauge,  a  coupling  cock  in 
suitable  position  for  attaching  the  hydrostatic  test,  that  means 
for  blowing  out  are  provided,  so  as  to  thoroughly  remove  the 
mud  and  sediment  from  all  parts  of  the  boilers  when  they  are 
under  the  pressure  of  steam,  and  that  fusible  metals  are  prop- 
erly inserted  so  as  to  fuse  by  the  heat  of  the  furnaces  when  the 
water  in  the  boilers  shall  fall  below  the  prescribed  limits,  and 
that  adequate  and  certain  provision  is  made  for  an  ample  sup- 
ply of  water  at  all  times ;  when  the  inspection  is  completed  and 
the  inspector  approves  the  boiler,  he  shall  make  and  subscribe 
a  certificate  of  inspection,  stating  the  condition  of  the  boiler, 
the  number  of  years  or  months  it  has  been  in  use,  and  the  pres- 
sure of  steam  allowed;  and  no  greater  pressure  than  that  al- 
lowed by  the  certificate  shall  be  applied  to  such  boiler.  In  lim- 
iting pressure,  whenever  the  boiler  under  test  will,  with  safety, 
bear  the  same,  the  limit  desired  by  the  owner  shall  be  the  one 
certified;  and  such  certificate  of  inspection  shall  be  framed 
under  glass,  and  kept  in  some  conspicuous  place  on  the  prem- 
ises where  said  boiler  referred  to  is  used;  and  if  the  inspector 
shall  deliver  or  cause  to  be  delivered  to  the  owner  or  renter  of 
any  boiler  a  certificate  of  inspection  without  having  first  sub- 
jected the  said  boiler  to  the  tests  as  herein  provided,  he  shall 


225 

.forfeit  his  bond,  and  upon  conviction  shall  be  removed  from 
office  by  the  Governor, 

578.  In  addition  to  the  annual  inspection,  it  shall  be  the 
duty  of  the  inspector  to  examine  all  boilers  within  the  limits  of 
their  respective  districts  once  at  least  in  every  three  months, 
and  if  deemed  necessary,  apply  the  hydrostatic  test;  and  if  on 
such  examination  the  inspector  shall  find  evidence  of  deterio- 
ration in  strength,  he  shall  revoke  the  certificate  and  issue  an- 
other, assigning  a  lower  rate  of  pressure;  and  if  the  defect  be  of 
such  character  as  to  make  the  boiler  dangerous,  the  inspector 
shall  notify  the  owner  or  renter  in  writing,  stating  in  the  notice 
what  is  required,  and  order  the  use  of  the  boiler  discontinued 
until  the  necessary  repairs  are  made;  and  if  he  considers  it  be- 
yond repair,  he  shall  condemn  it;  and  if  the  owner  or  renter  shall 
refuse  or  neglect  to  comply  with  the  requirements  of  the  in- 
spector, and  shall,  contrary  thereto,  and  while  the  same  remains 
unreversed,  use  the  boiler,  he  shall  be  liable  to  a  penalty  of  not 
less  than  one  hundred  dollars  for  each  day  such  boiler  is  used, 
•and  in  addition  thereto  shall  be  liable  for  any  damage  to  per- 
sons or  property  which  shall  occur  from  any  defects,  as  stated 
in  the  notice  of  the  inspector. 


Any  owner  or  renter  of  a  boiler,  who  shall  consider 
himself  aggrieved  by  the  action  of  the  inspector,  under  the  pro- 
visions of  the  preceding  section,  may,  within  ten  days  after  such 
inspection,  notify  the  inspector  of  the  fact,  and  demand  a  re- 
examination  of  the  said  boiler;  the  owner  or  renter  shall  select 
.a  practical  engineer,  who,  with  the  inspector,  shall  select  a  third 
person,  skilled  in  the  manufacture  and  use  of  steam  boilers, 
which  said  two  persons,  after  taking  an  oath  as  reviewers,  shall, 
together  with  the  inspector,  carefully  examine  the  said  boiler, 
and  the  decision  of  any  two  of  these  shall  be  final;  should  the 
decision  of  the  inspector  be  sustained,  the  said  owner  or  renter 
shall  pay  the  expense  of  such  review;  but  should  it  be  re- 
versed, the  inspector  shall  restore  the  certificate,  and  the  ex- 
pense of  the  review  shall  be  paid  by  the  State  ;  such  reviewers 
-shall  receive  five  dollars  for  each  day  or  part  of  a  day  they  are 
•engaged  in  making  such  review. 


226 

580.  Any  person  erecting  or  using  a  steam  boiler  without, 
having  the  same  inspected  by  the  inspector  of  the  district  in. 
which  the  said  boiler  is  located,  shall  pay  a  fine  of  one  hundred, 
dollars,  and  fifty  dollars  for  each  day  any  such  boiler  is  used 
without  being  inspected:  and  any  person  who  shall  alter  or 
change  a  steam  gauge  or  weight  on  a  safety  valve  for  the  pur- 
pose of  carrying  a  greater  pressure  of  steam  on  a  boiler  than 
that  allowed  by  the  certificate  of  inspection,  shall  be  liable  to  a 
fine  of  five  hundred  dollars ;  and  any  owner  or  renter  of  a  steam 
boiler  who  shall  neglect  or  refuse  to  place  his  certificate  of  in- 
spection on  the  premises,  as  prescribed  in  section  577  hereof, 
shall  pay  a  fine  of  five  dollars  for  each  day's  refusal  or  neglect. 

581.  The  inspector  shall  have  power  to  examine  the  engi- 
neers and  assistants  in  charge  of  boilers,  and  if  any  engineer 
or  assistant  is  found  incompetent  or  addicted  to  intemperance, 
the  inspector  shall  notify  the  owner  or  renter,  and  withdraw  the 
certificate  of  inspection  until  such  engineer  or  assistant  is  dis- 
placed. 

582.  Before  issuing  any  certificate  of  inspection,  the  in- 
spectors shall  demand  and  receive  from  the  owner  or  renter  of 
the  boiler,  as  a  compensation  for  the  inspection,  and  the  exam- 
inations to  be  made  during  the  year  as  hereinbefore  provided, 
the  following  sums:     For  every  boiler  of  ten  horse-power  or 
less,  five  dollars ;  when  the  boiler  is  above  ten  horse-power,  five 
dollars  for  the  first  ten,  and  twenty-five  cents  additional  for  each 
horse-power  in  excess  of  that  number. 

583.  It  shall  be  the  duty  of  each  inspector  to  keep  a  correri 
record  of  the  locations  of  all  boilers  in  his  district,  when  each 
boiler  was  inspected,  the  condition  of  the  same  at  the  time  of  in- 
spection, the  instructions  given  to  the  engineers  in  charge,  the 
certificates  issued,  the  amount  of  steam  pressure  allowed  in 
each  certificate,  and  the  boilers  condemned  or  ordered  to  be 
repaired ;  also  a  correct  account  of  all  money  received  or  paid 
out;  and  they  shall  report  the  same  annually  to  the  State  Comp- 
troller. 

584.  The  inspectors  shall  receive  an  annual  salary  of  fifteen 
hundred  dollars  each;  and  all  moneys  collected,  after  deduct- 


227 

ing  the  necessary  incidental  expenses  of  the  office,  shall  be  paid 
over  to  the  Treasurer  of  the  State. 

585.  Nothing  in  this  sub-division  of  this  Article  shall  con- 
flict with  the  ordinance  of  the  Mayor  and  City  Council  of  Balti- 
more which  requires  their  permission  for  the  erection  of  steam 
boilers  in  that  City. 

586.  Every  steam  boiler  insurance  company  doing  busi- 
ness in  this  State  shall  have  a  resident  inspector,  whose  duty  it 
shall  be  to  make  inspections  of  steam  boilers  submitted  for  in- 
surance to  such  steam  boiler  insurance  company;  and  any 
owner  or  renter  of  a  steam  boiler  who  has  the  same  insured  in 
a  steam  boiler  insurance  company  doing  business  in  this  State, 
in  compliance  with  the  laws  thereof,  and  having  a  resident  in- 
spector and  an  established  system  of  inspection,  must  immedi- 
ately after  the  first  annual  inspection  in  each  year  by  such  resi- 
dent inspector  of  such  steam  boiler  insurance  company,  pre- 
sent to  the  State  Inspector  of  the  district  in  which  the  said 
steam  boilers  are  located,  the  certificate  of  inspection  of  the  said 
company;  and  the  said  company  shall  be  charged  and  charge- 
able with  a  fee  of  one  dollar  for  each  and  every  boiler  so  in- 
spected and  insured,  which  shall  be  paid  to  the  State  Inspector 
with  such  certificate;  provided,  that  when  there  is  more  than 
one  steam  boiler  belonging  to  the  same  owner  or  renter  so  in- 
sured, then  the  fee  so  chargeable  to  the  insurance  company  shall 
be  one  dollar  per  boiler  for  the  first  five,  and  one  dollar  for  each 
additional  five  or  fraction  thereof  over  and  above  the  first  five; 
and  upon  the  acceptance  of  the  provisions  of  this  section  by 
the  owner  or  renter  of  said  steam  boiler,  the  said  owner  or 
renter  shall  be  exempted  from  the  requirements  of  this  sub- 
division of  this  Article. 


If  either  inspector  neglects  to  discharge  his  duties  as 
prescribed  in  this  sub-division  of  this  Article,  he  shall  forfeit  his 
bond,  and  shall  be  removed  from  office  by  the  Governor. 

588.     The  Governor  shall  fill  all  vacancies  that  may  occur 
as  soon  as  possible. 


228 

589.  All  fines  and  penalties  imposed  in  this  sub-division  of 
this  Article  shall  be  recoverable  by  indictment  before  the  Crim- 
inal Court  of  Baltimore,  or  before  any  Justice  of  the  Peace  of 
said  City,  in  the  name  of  the  inspector,  for  the  benefit  of  the 
State. 

Wood  Carts. 

590.  The   Governor  shall  biennially  appoint,  by  and  with 
the  consent  of  the  Senate,  one  competent  person,  whose  duty 
it  shall  be  to  measure  and  stamp  all  carts  or  vehicles  engaged 
in  hauling  cord  wood  from  wharf  and  yard  within  the  corpo- 
rate limits  of  the  City  of  Baltimore;  and  it  shall  further  be  the 
duty  of  the  said  measurer  to  measure  and  stamp  all  carts  or 
vehicles  engaged  in  hauling  sawed  and  split  wood  for  the  pur- 
pose of  selling  the  same  within  the  corporate  limits  of  the  City 
of  Baltimore;  the  said  measurer  shall  have  power  to  appoint 
deputies  if  he  shall  find  it  necessary  to  facilitate  the  work;  and 
he  or  his  assistants  shall  give  certificates  to  the  owners  of  said 
carts  or  vehicles,  which  shall  hold  good  for  one  year  from  date ; 
all  such  certificates  shall  terminate  on  the  first  day  of  May, 
annually,  and  shall  be  applied  for  on  said  day,  or  within  thirty 
days  thereafter;  and  in  all  cases  where  said  certificate  shall  not 
have  been  renewed  within  the  thirty  days  aforesaid,  a  new  cer- 
tificate shall  be  necessary,  to  be  dated  and  paid  for  from  the 
first  day  of  May,  as  in  case  of  renewal,  unless  some  repairs  or 
alteration  be  necessary  to  change  the  same,  for  which  services 
he  shall  receive  the  sum  of  one  dollar  for  each  cart  or  vehicle  so 
inspected  and  marked  by  him,  to  be  paid  by  the  party  at  whose 
request  the  services  were  performed;  the  said  measurer  or  his 
deputies  shall  be  in  no  way  interested  as  clerks,  or  otherwise 
engaged  in  the  purchase  or  sale  of  fire-wood,  other  than  for 
their  own  use. 

591.  That  it  shall  be  unlawful  for  any  person,  in  either  pur- 
chasing or  selling  seasoned  cord  wood  in  quantities  of  not  less 
than  one-half  cord  at  any  one  time,  to  measure  and  settle  for  the 
same,  except  on  the  basis  of  one  hundred  and  twenty-eight 
cubic  feet  to  each  cord  of  wood;  and  that  the  said  contents  of  a 
cord  of  wood  shall  be  ascertained  by  lineal  or  outside  measure- 
ment, as  follows :    It  shall  be  eight  feet  long,  four  feet  high  and 
four  feet  wide. 


229 

592.  That  any  person  violating  the  provisions  of  the  pre- 
ceding section,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  subject  to  a  fine  of  not  less 
than  fifty  nor  more  than  one  hundred  dollars,  one-half  to  go  to 
the  informer. 

593.  The  said  measurer  and  his  deputies,  before  entering 
upon  their  duties  of  office,  shall  take  the  following  oath  or 
affirmation,  as  the  case  may  be,  before  some  Justice  of  the 
Peace:     "I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully, 
truly  and  impartially,  according  to  the  best  of  my  skill  and 
judgment,  execute  and  perform  the  office  and  duty  of  measurer 
of  carts  according  to  the  true  intent  and  meaning  of  this  sub- 
division of  this  Article,  so  help  me  God." 

594-  Said  measurer  shall  locate  himself  in  some  suitable 
section  of  the  City,  where  he  can  be  found,  where  the  greatest 
quantity  of  wood  is  for  sale;  he  shall  plainly  mark,  by  a  brand 
on  the. standards  of  each  side  of  said  carts  or  vehicles,  in  such  a 
manner  as  that  the  purchaser  or  consumer  of  fire-wood  may 
see  the  quantity  contained  in  each  eighth,  quarter,  half  or  cord 
of  wood  so  purchased  by  him,  the  standard  of  measurement  to 
be  one  hundred  and  twenty-eight  cubic  feet  to  the  cord  of  well- 
stored  and  packed  cord  wood,  or  one  hundred  and  sixty  cubic 
feet  of  sawed  and  split  wood. 

595.  All  stick  wood  sold  by  retail  in  the  City  of  Baltimore, 
shall  be  measured  in  a  solid  frame  made  of  wood  or  iron;  a 
frame  to  measure  one-eighth  of  a  cord  shall  be  two  feet  wide 
and  two  feet  high;  a  frame  to  measure  one-fourth  of  a  cord 
shall  be  three  feet  wide  and  two  feet  eight  inches  high;  a  frame 
to  measure  three-eighths  of  a  cord  shall  be  four  feet  wide  and 
three  feet  high;  and  a  frame  to  measure  one-Half  of  a  cord  shall 
be  four  feet  wide  and  four  feet  high;  these  various  dimensions 
being  all  intended  to  import  inside  measurement;  all  frames 
shall  be  measured  and  stamped  every  year  by  the  inspector  just 
as  carts  are  measured  and  stamped. 

596.  if  any  wood  dealer  shall  sell  stick  wood  by  retail  in 
f-he  City  of  Baltimore,  measured  otherwise  than  in  a  frame,  he 


230 

shall  be  subject  to  the  penalty  of  five  dollars  for  each  offence; 
one-half  of  the  penalty  to  go  to  the  informer;  said  penalty  to  be 
recovered  before  some  Justice  of  the  Peace. 

597.  The  two  preceding  sections  shall  not  apply  to  the 
measurement  of  sawed  and  split  wood. 

598.  if  any  owner  of  a  cart  or  vehicle  to  be  used  in  hauling 
fire-wood  in  the  City  of  Baltimore  shall  neglect  to  have  such 
cart  or  vehicle  so  inspected,  and  if  any  carter  or  person  shall 
alter  the  marks  of  said  carts  or  vehicles  after  the  same  have  been 
so  inspected,  or  shall  alter  the  measurement  of  said  fire-wood 
by  increasing  or  taking  from  the  same,  or  neglect  to  have  said 
carts  or  vehicles  stamped,  as  provided  for  in  this  sub-division  of 
this  Article,  by  the  first  day  of  June  of  each  year,  or  if  any  dealer 
shall  sell  the  aforesaid  cord  or  sawed  and  split  wood  to  any 
cart  or  vehicle  not  properly  stamped  by  the  measurer  or  his 
deputies,  provided  for  by  this  sub-division  of  this  Article,  he 
shall  be  subject  to  the  penalty  of  five  dollars  for  each  offence, 
to  be  recovered  as  small  debts  are  now  recovered,  before  some 
Justice  of  the  Peace,  for  the  use  of  the  City  of  Baltimore. 

599.  in  case  of  dispute  between  the  purchaser  and  seller  of 
any  lot  of  fire-wood,  the  measurer  or  his  deputy,  appointed 
under  this  sub-division  of  this  Article,  may  act  as  arbitrator  be- 
tween said  parties,  and  his  decision  shall  be  final ;  for  which  ser- 
vices he  shall  receive  the  sum  of  six  and  one-quarter  cents  for 
each  cord  of  wood  so  inspected  and  measured  by  him,  to  be 
paid  by  the  party  at  whose  request  said  service  was  performed ; 
the  said  measurer  or  deputy  to  give  a  certificate  of  the  number 
of  cords  contained  in  each  lot. 

TONES'S    FALLS. 

ROO.  None  of  the  provisions  of  this  Article  in  reference  to 
Constructing  sewers  and  opening  and  paving  streets  in  the  City 
of  Baltimore  shall  apply  to  the  construction  of  the  sewers,  and 
to  the  opening  and  paving  of  the  streets  and  avenues  for  which 
provision  is  made  in  this  Article  relating  to  Jones's  falls,  save  in 
so  far  as  the  said  provision  may  be  made  applicable  thereto  by 


231 

-an  ordinance  of  the  Mayor  and  City  Council  of  Baltimore, 
passed  for  that  purpose;  and  provided  further,  that  no  appeal 
-shall  lie  from  the  decisions  of  the  Baltimore  City  Court  in  pro- 
ceedings in  said  Court  under  the  provisions  of  this  Article  re- 
lating to  Jones's  falls. 

6O1«  All  of  the  provisions  of  an  ordinance  of  the  Mayor 
and  City  Council  of  Baltimore,  entitled  an  ordinance  to  pro- 
vide for  the  improvement  of  Jones's  falls  within  the  limits  of  the 
City  of  Baltimore,  approved  January  31,  1870,  shall  have  the 
same  force,  effect  and  operation,  and  be  in  all  respects  as  valid 
as  if  the  said  ordinance  had  been  passed  after  the  approval  of 
the  Act  of  1870,  chapter  115,  or  had  been  passed  after  the  enact- 
ment of  a  law  by  the  General  Assembly  of  Maryland  author- 
izing and  empowering  the  Mayor  and  City  Council  of  Balti- 
more to  pass  such  an  ordinance. 

JURORS. 

602.  The  Judges  of  the  Supreme  Bench  of  Baltimore  City, 
or  a  majority  of  them,  shall  meet  in  some  one  of  the  courtrooms 
of  the  City  of  Baltimore  on  such  days  as  the  said  Judges,  or  a 
majority  of  them,  shall  appoint,  in  the  month  of  April  in  each 
year,  and  shall  on  such  days  of  meeting,  select  fairly  and  im- 
partially, and  by  the  exercise  of  their  best  judgment,  the  names 
of  seven  hundred  and  fifty  persons,  or  thereabout,  qualified 
under  the  laws  of  this  State  to  be  grand  and  petit  jurors  in  the 
City  of  Baltimore.     They  shall  cause  the  names  of  the  persons 
so  selected  to  be  entered  in  a  proper  book,  and  shall  verify  the 
list  so  made  up  by  their  certificate  and  signatures.     The  said 
book  containing  the  said  list  shall  be  placed  in  the  custody  of 
the  Clerk  of  the  Superior  Court  of  Baltimore  City. 

603.  in  order  .to  assist  the  said  Judges  in  making  out  the 
"list  of  jurors  aforesaid,  the  City  Collector  of  the  City  of  Bal- 
timore, shall,  before  the  first  day  of  February  in  each  and 
every  year,  lodge  with  the  Clerk  of  the  Superior  Court  of  Bal- 
timore City,  for  the  use  of  said  Judges,  a  certified  list  of  so 
manv  of  the  taxable  male  inhabitants,  resident  in  the  said  City, 
as  he  mav  have  been  directed  to  furnish  bv  the  order  of  said 


232 

Judges,  or  a  majority  of  them,  setting  out  their  names  and 
places  of  residence,  so  far  as  the  same  may  be  ascertained ;  and 
the  said  Collector  shall  receive  for  such  service  a  compensation 
to  be  fixed  by  said, Judges,  and  he  shall  be  paid  as  jurors  are 
paid. 

6O4.  Xhe  said  list  of  persons,  qualified  under  the  laws  of 
this  State  to  be  grand  and  petit  jurors  in  the  City  of  Baltimore, 
having  been  prepared  as  aforesaid,  it  shall  be  the  duty  of  the 
said  Judges  of  the  Supreme  Bench  of  Baltimore  City,  or  a 
majority  of  them,  to  meet  in  each  and  every  year  in  some  one 
of  the  courtrooms  of  the  City  of  Baltimore,  on  one  or  more 
days  to  be  appointed  by  them,  before  the  beginning  of  each  reg- 
ular term  of  the  Criminal  Court  of  Baltimore,  which  said  meet- 
ing, or  the  last  of  which  said  appointed  meetings  shall  be  at 
least  ten  days  before  the  beginning  of  each  of  said  terms,  and  to- 
select  from  said  list  the  names  of  twenty-three  persons,  who 
shall  constitute  and  be  the  grand  jurors  for  the  City  of  Balti- 
more for  the  ensuing  term  of  said  Criminal  Court  of  Baltimore;, 
the  list  of  grand  jurors  so  selected  shall  be  attested  by  the  sig- 
natures of  the  Judges  selecting  the  same,  and  be  given  forth- 
with to  the  Sheriff  of  Baltimore  City,  who  shall  immediately 
summon  the  persons  so  selected,  to  serve  as  grand  jurors  for 
the  City  of  Baltimore  at  the  ensuing  term  of  the  Criminal  Court 
of  Baltimore.  If  any  of  the  grand  jurors  so  selected  and  sum- 
moned shall  be  shown  to  be  disqualified,  or  be  from  any  suffi- 
cient cause  excused  from  serving,  it  shall  be  the  duty  of  the 
said  Judges  of  the  Supreme  Bench  of  Baltimore  City,  or  of  a 
majority  of  them,  to  re-assemble  as  soon  as  they  are  notified 
thereof  by  the  Judge  of  the  Criminal  Court  of  Baltimore,  and 
to  assemble  again,  from  time  to  time,  if  the  same  be  necessary, 
to  correct  and  complete,  in  the  manner  hereinbefore  provided' 
for,  the  said  Grand  Jury  for  the  City  of  Baltimore,  by  the  selec- 
tion of  proper  persons  as  aforesaid  from  the  list  of  qualified 
jurors  made  as  aforesaid,  omitting  in  said  selection  the  names 
of  persons  on  said  lists  who  may  have  been  drawn  to  serve  as 
petit  jurors  in  other  Courts  of  said  City  at  said  term.  The 
Judges  shall,  after  so  correcting  and  completing  the  list  of 
grand  jurors  for  the  City  of  Baltimore,  so  before  made  out  by 
them,  attest  the  said  list  of  grand  jurors  as  so  corrected,  by 


233 

their  certificate  and  signatures  thereto.  The  Judge  of  the 
Criminal  Court  of  Baltimore  shall,  at  the  beginning  of  each 
term  of  the  said  Court,  designate  the  foreman  of  the  Grand 
Jury  for  the  City  of  Baltimore  for  the  said  ensuing  term,  from 
among  the  number  of  grand  jurors  selected  as  aforesaid  for  said 
City;  and  in  case  of  the  disqualification,  sickness,  absence  or 
death  of  said  foreman,  or  of  any  foreman  of  said  Grand  Jury, 
may  designate  another  from  among  the  number  of  said  Grand 
Jury,  who  shall  act  as  such  foreman. 

6O4A.  Upon  the  organization  of  each  Grand  Jury,  as  pro- 
vided for  in  the  preceding  Section,  and  upon  their  request 
therefor  signified  to  the  Judge  or  Judges  for  the  time  being 
specially  assigned  to  and  sitting  in  the  Criminal  Court  of  the 
said  City,  the  said  Judge  or  Judges  may,  and  they  are  hereby 
authorized  and  empowered  to,  appoint  a  clerk,  who  shall  be  a 
competent  stenographer,  at  a  compensation  not  exceeding  the 
rate  of  fifteen  hundred  dollars  per  annum,  to  be  paid  by  the 
Mayor  and  City  Council  of  Baltimore,  which  said  clerk  shall 
have  authority  to  take  and  transcribe  the  testimony  given 
before  any  Grand  Jury  in  said  City  of  Baltimore,  and  whenever 
required  by  the  State's  Attorney  shall  attend  upon  and  take 
and  transcribe  the  testimony  given  at  Coroner's  inquests,  and 
all  of  the  said  testimony  so  taken  and  transcribed  shall  be  for 
the  exclusive  use  and  benefit  of  the  Grand  Jury  and  the  State's 
Attorney  of  said  City,  unless  otherwise  ordered  by  the  Court. 

6O4B.  Any  clerk  appointed  under  the  provisions  of  the  pre- 
ceding Section  shall  before  he  enters  upon  the  duties  of  his 
office  take  and  subscribe  before  the  Clerk  of  the  Criminal  Court 
of  Baltimore  City  an  oath  that  he  will  keep  secret  all  matters 
and  things  occurring  before  such  Grand  Juries. 

6O4C.  it  shall  be  lawful  for  any  stenographer,  duly  appointed 
and  qualified  as  herein  provided,  to  attend  and  be  present  at  the 
sessions  of  every  Grand  Jury  empaneled  in  the  said  City,  and  it 
shall  be  his  duty  to  take  in  shorthand  the  testimony  introduced 
before  such  Grand  Juries  and  to  furnish  to  the  Grand  Jury  and 
the  State's  Attorney  of  said  City  a  full  copy  of  all  such  testi- 
mony as  such  Grand  Jury  or  State's  Attorney  shall  require. 


234 

and  he  shall  not  permit  any  other  person  to  take  a  copy  of  the 
same  nor  of  any  portion  thereof,  nor  to  read  the  same  nor  any 
portion  thereof,  nor  shall  he  disclose  the  character  or  any  of  the 
contents  of  the  same  to  any  person  or  persons  other  than  the 
Grand  Jury  or  State's  Attorney  for  said  City,  except  upon  the 
written  order  of  the  Court  duly  made  after  hearing  the  State's 
Attorney.  All  of  the  said  original  minutes  shall  be  kept  in  the 
custody  of  said  State's  Attorney,  and  neither  the  same  nor  a 
copy  of  the  same  shall  be  taken  from  the  office  of  said  State's 
Attorney  excepting  for  the  use  of  a  Grand  Jury  for  said  City 
or  for  production  in  Court,  without  an  order  of  Court  first  had 
and  obtained,  as  above  provided. 

6O4D.  Any  stenographer  appointed  as  aforesaid  who  shall 
violate  any  of  the  provisions  of  the  three  preceding  Sections  with 
regard  to  secrecy  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  fined  not  exceeding  one  thou- 
sand dollars  or  imprisoned  in  jail  not  exceeding  one  year,  or 
be  both  fined  and  imprisoned,  in  the  discretion  of  the  Court. 

6O5.  Xhe  said  Judges  of  the  Supreme  Bench'  of  Baltimore 
City,  or  one  or  more  of  them,  shall,  at  one  or  more  of  the  meet- 
ings provided  for  in  the  last  preceding  section  of  this  sub-divis- 
ion of  this  Article,  after  the  selection  of  the  grand  juries  for  the 
City  of  Baltimore,  as  provided  in  the  last  preceding  section, 
cause  all  the  names  selected  by  the  Judges  as  aforesaid,  remain- 
ing upon  said  list  of  qualified  jurors,  to  be  inscribed  upon  bal- 
lots, which  shall  be  of  equal  size,  color  and  appearance,  and 
shall  be  closely  folded  and  shall  be  placed  by  one  of  such 
Judges,  with  his  own  hands,  on  the  day  of  said  meeting,  and 
immediately  before  the  drawing  herein  provided  for,  in  a  draw- 
ing wheel  to  be  provided  for  that  purpose  by  the  Sheriff  of 
Baltimore  City,  under  the  direction  of  said  Judges;  the  said 
Judge  shall  then  cause  the  said  Sheriff,  or  such  one  of  his  dep- 
uties as  he  shall  designate,  to  appear  before  him ;  and  it  shall  be 
the  duty  of  the  said  Sheriff  or  his  said  deputy,  in  the  presence 
and  in  the  immediate  view  of  the  said  Judge  or  Judges,  and  of 
such  other  persons  as  may  choose  to  attend,  to  draw  one  by 
one  from  said  wheel  the  ballots  contained  therein  until  four 
hundred  of  said  ballots  have  been  drawn  therefrom;  and  the 


235 

said  Judge  or  Judges  shall  cause  the  said  wheel  to  be  turned 
upon  its  axis  before  the  commencement  of  said  drawing,  and 
after  the  ballots  have  been  deposited  therein,  and  after  the  draw- 
ing of  each  ballot,  and  before  the  drawing  of  the  next,  until 
four  hundred  of  said  ballots  shall  have  been  drawn;  and  said 
Judge  or  Judges  shall  forthwith  cause  the  names  appearing 
upon  said  ballot  as  drawn,  together  with  the  names  selected  as 
grand  jurors,  to  be  duly  recorded  in  a  proper  book  in  the  order 
in  which  they  shall  have  been  chosen,  and  in  which  said  Judge 
or  Judges  shall  have  seen  them  drawn  as  aforesaid,  which  said 
Judge  or  Judges  so  attending  said  drawing  shall  certify  at  the 
foot  of  said  list  to  have  been  done. 

606.  After  four  hundred  of  the  names  in  the  box  shall  have 
been  drawn,  as  provided  by  section  605,  it  shall  be  the  duty  of 
said  Judge  or  Judges  who  shall  have  attended  said  drawing  to 
cause  the  names  of  the  said  several  panels,  and  the  names  of  the 
other  persons  drawn  as  aforesaid,  to  be  entered  in  two  books, 
in  addition  to  the  book  provided  in  section  605,  in  the  order  in 
which  the  said  panels  and  the  names  aforesaid  were  drawn  ;  and 
the  said  books  shall  be  certified  by  the  Judge  or  Judges  who 
shall  have  attended  said  drawing,  to  be  true  copies  of  the  book 
prescribed  in  section  605,  and  said  books  shall  be  denominated 
jury  books  for  Baltimore  City. 


In  addition  to  the  four  hundred  names  to  be  drawn 
as  provided  by  section  605  of  this  Article,  it  shall  be  the  duty 
of  said  Judge  or  Judges  who  shall  attend  said  drawing  to  cause 
to  be  drawn  in  the  mode  pointed  out  in  said  section  605,  or  in 
such  other  mode  as  shall  be  prescribed  by  the  Supreme  Bench 
of  Baltimore  City,  one  hundred  additional  jurors,  or  such  other 
number  as  shall  be  deemed  necessary  to  be  drawn  by  the  Su- 
preme Bench  of  Baltimore  City,  which  said  jurors  so  drawn, 
together  with  the  said  four  hundred  jurors,  shall,  under  such 
regulations  as  shall  be  prescribed  by  the  Supreme  Bench  of 
Baltimore  City,  serve  from  time  to  time  as  jurors  in  the  com- 
mon law  courts  of  Baltimore  City,  and  for  such  length  of  time 
as  said  courts  shall  prescribe,  and  power  is  hereby  conferred 
upon  said  Supreme  Bench  of  Baltimore  City  to  prescribe  by 
rule  for  the  mode,  time  and  place  for  the  drawing  of  jurors,  for 


236 

the  organization  thereof,  and  for  the  distribution  among  the 
said  several  common  law  courts  of  Baltimore  City,  of  the  jurors 
whose  drawing  is  provided  for  by  the  several  sections  of  this 
sub-division  of  this  Article,  and  to  regulate  the  length  of  time 
for  which  the  jurors  drawn  as  aforesaid  shall  serve. 

6O8.  When  the  jury  books  shall  have  been  prepared 
and  certified  as  directed  in  the  foregoing  section,  it  shall  be  the 
duty  of  the  said  Judge  or  Judges  by  whom  the  same  shall  have 
been  so  certified,  to  cause  one  of  the  said  books  to  be  deposited 
in  the  custody  of  the  Clerk  of  the  Superior  Court  of  Baltimore 
City,  and  one  in  the  custody  of  the  Sheriff  of  Baltimore  City, 
and  one  shall  be  retained  by  the  said  Judges  of  the  Supreme 
Bench  of  Baltimore  City,  or  by  such  one  of  their  number  as 
they  shall  appoint  for  the  purpose  of  verifying  the  lists  of  per- 
sons so  delivered  as  aforesaid  to- the  Clerks  or  the  Sheriff  of 
Baltimore  City.  And  when  the  said  books  shall  have  been  de- 
livered to  the  said  Sheriff,  he  shall  immediately  summon  the 
several  jurors  drawn  for  the  several  panels  named  in  the  said 
book,  to  serve  in  the  court  for  which  they  have  been  respectively 
drawn,  at  such  time  as  shall  be  designated  by  the  court.  And 
in  addition  to  summoning  the  said  jurors  for  the  said  several 
panels,  the  said  Sheriff  shall  also  summon  such  additional  num- 
ber of  persons,  whose  names  are  set  down  in  said  book,  and  as 
nearly  as  may  be  in  the  order  in  which  their  names  are  so  set 
down,  as  the  said  Judges  of  the  Supreme  Bench,  or  a  majority 
of  them,  shall  direct,  to  appear  in  the  room  of  the  Superior  Court 
of  Baltimore  City  at  the  same  time  with  the  panel  for  said  court. 
And  the  said  additional  number  of  jurors  shall  constitute  a  re- 
serve, from  which,  without  further  summons,  jurors  may  be 
selected  to  serve  in  lieu  of  any  persons  drawn  for  the  regular 
panels  of  said  court  aforesaid,  who  may  not  be  found,  fail  to  ap- 
pear, are  legally  disabled,  or  are  excused  or  excluded  from  at- 
tending, so  that  the  panels  may  be  completed  by  selecting  from 
said  reserve,  in  the  following  order:  First,  for  the  Superior 
Court  of  Baltimore  City;  second,  the  Criminal  Court  of  Balti- 
more; third,  the  Baltimore  City  Court;  and  fourth,  the  Court 
of  Common  Pleas.  And  until  said  panels  have  been  completed, 
said  reserves  shall  be  required,  upon  the  order  of  the  several 
courts,  to  proceed  from  one  to  the  other  in  the  order  above 


237 

mentioned;  and  when  all  said  panels  have  been  completed,  those 
persons  summoned  for  such  reserve,  and  not  empaneled,  shall  be 
discharged,  but  shall  not  thereby  be  excused  from  service  when 
resummoned;  and  in  empaneling  juries  for  said  reserve  their 
names  shall  be  called  in  the  order  in  which  they  appear  in  said 
book;  and  the  names  of  said  reserves  shall  first  be  all  called  in 
the  Superior  Court  of  Baltimore  City,  the  Judge  of  which  court 
shall  determine  upon  their  qualifications  as  jurors,  and  the 
right  or  claim  of  any  members  of  said  reserve  to  be  excused  or 
exempted  from  service. 

609.  if  the  full  panels  of  jurors  for  the  said  several  courts 
shall  not  be  obtained  from  the  jurors  so  drawn  for  the  several 
panels  of  the  said  courts,  as  herein  provided,  or  from  said  re- 
serve, by  reason  of  some  of  said  jurors  or  reserve  being  legally 
disabled  or  excused  from  attending,  or  not  being  found,  or 
from  other  causes,  the  Sheriff,  upon  being  notified  by  any  of 
said  Judges  what  additional  number  of  jurors  is  required  for 
the  court  in  which  he  presides,  shall  proceed  to  complete  the 
said  panel  in  which  jurors  are  needed,  by  summoning  in  the 
stead  of  such  jurors  such  number  of  persons  as  said  Judge  may 
direct,  of  the  persons  whose  names  are  set  down  in  the  said 
jury  book  next  after  the  regular  panels,  and  after  those  persons 
who  have  been  summoned  as  the  reserve  hereinbefore  provided 
for;  and  he  shall  summon  such  persons,  as  near  as  he  can 
reasonably  do  so,  in  the  order  in  which  they  are  set  down  in 
said  book,  and  their  names  shall  be  called  for  empaneling  in 
the  order  in  which  they  appear  in  said  book. 

610.  if  at  any  trial  of  any  cause  in  any  of  the  several  courts 
as  aforesaid,  tales  de  circumstantibus,  shall  be  ordered,  it  shall  be 
the  duty  of  the  Sheriff  to  summon  such  talesmen,  those  who  are 
entered  in  said  book  and  are  not  upon  the  regular  panels  as 
aforesaid;  and  such  talesmen  shall  be  summoned  and  called  to 
be  sworn  or  affirmed  upon  the  voir  dire,  or  otherwise,  in  the 
order  in  which  their  names  are  set  down  in  said  jury  book,  un- 
less the  Sheriff  or  his  deputy  in  that  behalf  shall  swear  that  he 
has  made  true  and  diligent  search  for  such  persons  as  do  not 
appear,  and  that  they  cannot  be  found,  or  unless  being  sum- 
moned such  persons  have  failed  to  appear,  or  unless  the  State's 


UNIVERSITY 


238 

Attorney  or  his  deputy,  and  counsel  for  the  traverser,  or  the 
counsel  for  the  parties  litigant,  with  the  consent  of  the  court, 
shall  waive  said  order  for  summoning  and  swearing  or  affirm- 
ing such  talesmen ;  but  if  said  affidavit  shall  have  been  made  by 
said  Sheriff  or  his  deputy,  or  if  such  persons  shall  fail  to  appear 
after  having  been  summoned  as  aforesaid,  or  the  said  waiver 
shall  be  made  with  the  consent  of  the  court,  then  such  of  the 
talesmen  as  have  been  properly  summoned  and  have  appeared 
shall  be  called  to  be  sworn  in  the  order  in  which  their  said 
names  are  recorded  in  the  jury  book  aforesaid;  or  whenever  in 
either  of  said  courts  it  shall  be  necessary  to  summon  talesmen, 
the  Judges  of  the  said  courts,  respectively,  instead  of,  or  in  addi- 
tion to,  resorting  to  the  foregoing  provisions  of  this  section 
for  the  summoning  of  talesmen,  may  order  the  Sheriff  to  sum- 
mon as  such  talesmen,  any  of  the  jurymen  in  attendance  upon 
either  of  the  said  courts,  except  said  Criminal  Court  of  Balti- 
more, who  may  not  then  be  engaged  as  a  part  of  any  special 
panel;  and  if  it  should  happen  at  any  time  that  in  summoning 
talesmen  for  any  of  the  said  courts,  the  Sheriff  shall  exhaust  the 
whole  list  of  the  names  drawn  from  the  said  wheel,  as  provided 
in  this  sub-division  of  this  Article,  it  shall  be  his  duty  imme- 
diately to  make  report  thereof,  verified  by  his  affidavit  or  affir- 
mation, to  the  Supreme  Bench  of  Baltimore  City,  and  there- 
upon the  said  Judges,  or  one  of  them,  shall  immediately  cause 
the  Sheriff,  or  his  deputy  to  be  designated  by  him,  to  appear 
before  such  Judge,  in  some  one  of  the  courtrooms  in  said  City, 
and  cause  such  additional  number  of  names  as  shall  be  desig- 
nated by  the  Judge  of  the  Court  for  which  such  talesmen  are 
needed,  to  be  drawn  from  the  names  selected  by  said  Judges 
as  aforesaid,  and  still  remaining  upon  said  list  of  qualified 
jurors,  and  from  such  further  names,  if  any,  as  the  Judges  of 
the  Supreme  Bench,  or  a  majority  of  them,  shall  select  and 
cause  to  be  added  to  said  list;  and  the  said  drawing  shall  be 
made,  and  the  names  drawn  shall  be  recorded  in  the  manner 
provided  in  sections  605  and  606;  and  the  talesmen  shall  be 
summoned  from  such  additional  number  of  persons  so  drawn 
in  the  manner  hereinbefore  directed. 

611.     Every  petit  juror  sworn  upon  any  special  panel  shall 
continue  to  serve  thereon  until  discharged  by  the  court,  not- 


239 

withstanding  the  expiration  of  his  term  of  three  weeks,  afore- 
said; but  no  one  summoned  as  a  juror  shall  be  excused  from 
service  except  in  open  court,  on  good  cause  shown  to  the  satis- 
faction of  the  court;  and  if  any  juror  summoned,  and  not  ex- 
cused, shall  fail  to  attend  the  said  court  until  duly  discharged, 
he  shall  be  fined,  for  the  use  of  the  said  City,  not  less  than 
twenty  nor  more  than  two  hundred  dollars,  to  be  recovered  by 
attachment,  or  such  other  appropriate  process  as  the  said  court, 
may  direct. 

612.  It  shall  be  the  duty  of  said  Judges,  or  a  majority  of  them, 
to  assemble  as  hereinbefore  in  this  sub-division  of  this  Article 
provided,  on  the  Thursday  preceding  the  fourth  Monday  of 
each  term,  and  thereafter  so  long  as  a  jury  may  be  required  for 
any  of  said  courts,  from  three  weeks  to  three  weeks  during  each 
term  of  each  of  the  said  courts  which  may  require  the  attend- 
ance of  a  jury;  at  such  meetings  the  said  Judges,  or  a  majority 
of  them,  shall  cause  the  names  of  those  who  have  served  on 
any  of  the  regular  panels  of  the  aforesaid  courts  since  the  mak- 
ing of  the  list  of  qualified  jurors  as  aforesaid  to  be  stricken  from 
said  list;  and  the  persons  whose  names  are  so  stricken  from  said 
list  shall  not  be  liable  to  serve  again  as  jurors  for  two  years, 
accounting  from  the  beginning  of  the  term  for  which  their 
names  were  so  entered  on  the  list  of  qualified  jurors;  the  said 
Judges,  or  a  majority  of  them,  shall  then  add  to  said  list  of  quali- 
fied jurors  such  qualified  persons  as  shall  suffice  to  make  up 
the  number  of  seven  hundred  and  fifty  qualified  persons,  or 
thereabouts.  From  the  said  whole  number  the  jurors  to  serve 
for  three  weeks  from  the  ensuing  Monday  shall  then  be  drawn 
for  the  said  courts,  and  their  names  be  recorded  in  the  said 
jury  books  in  the  manner  hereinbefore  provided  by  this  sub-di- 
vision of  this  Article,  under  the  superintendence  of  one  or  more 
of  said  Judges.  And  if,  at  the  time  of  any  drawing,  juries  shall 
not  be  required  for  all  of  said  courts,  then  it  shall  not  be  neces- 
sarv  to  draw  panels  for  the  court  not  requiring  them,  but  jurors 
shall  be  drawn  for  such  courts  only  as  may  need  them,  in  the 
manner  hereinbefore  provided  in  this  Article  relating  to  jurors, 
so  far  as  concerns  the  courts  requiring  such  juries;  and  besides 
summoning  said  panels  for  the  said  courts,  the  Sheriff  shall  also 
summon  at  the  same  time  such  number  of  reserves  as  he  may 


240 

be  required,  by  the  Judges,  or  a  majority  of  them,  as  provided 
by  section  608;  and  said  reserves  shall  also  be  liable  to  service 
as  in  said  section  mentioned. 

613-  If  it  should  happen  that  the  said  lists  of  persons 
competent  to  act  as  jurors,  other  than  the  regular  panels  as 
aforesaid,  should  at  any  time  be  exhausted  as  talesmen,  it  shall 
also  be  competent  for  the  Sheriff  to  summon  as  talesmen  any 
of  the  regular  panels  in  any  of  the  other  of  said  courts  in  Balti- 
more City  who  may  be  at  the  time  of  such  summons  not  en- 
gaged as  part  of  any  special  panel  in  any  of  the  said  courts ;  but 
it  is  herein  provided  that  whenever  any  part  of  the  regular  panel 
of  any  court  shall  be  by  the  Sheriff  as  aforesaid  summoned  to 
attend  in  another,  as  talesman,  jurors  of  the  regular  panel 
of  the  court  in  which  talesmen  are  required,  or  so  many  of 
them  as  shall  be  needed,  shall  be  by  the  said  Sheriff  notified  to 
attend  in  the  courts  from  which  regular  jurors  have  been  with- 
drawn; and  the  said  jurors  shall  attend  accordingly  in  the  said 
courts  until  the  regular  jurors  of  said  court  are  discharged  from 
the  court  in  which  they  shall  be  required  to  serve  as  talesmen 
as  aforesaid. 

614.  Any  person  who  shall  fraudulently  mark  or  designate  or 
open  or  leave  open,  or  cause  or  knowingly  permit  to  be  marked 
or  designated,  or  to  be  opened  or  left  open  any  ballot  for  jurors 
which  shall  be  prepared  for  the  purpose  of  being  drawn 
under  this  sub-division  of  this  Article,  or  who,  by  any  fraudu- 
lent' contrivance,  device  or  collusion  whatever,  shall  prepare 
or 'arrange,  or  cause,  or  knowingly  permit  to  be  prepared  or 
arranged  any  ballot  aforesaid,  so  that  the  same  or  any  thereof 
may  be  known  or  recognized  in  the  drawing  thereof,  or  may  be 
drawn  in  preference  to  others,  or  for  the  purpose  of  their  being 
so  known  or  recognized,  or  being  so  drawn  or  omitted  to  be  so 
drawn;  and  any  person  who  shall  in  any  way  fraudulently  or 
collusively  deal  with  the  ballots  aforesaid,  or  any  of  them,  or 
with  the  drawing  thereof,  or  with  the  preparation  or  folding  of 
said  ballots,  or  with  the  wheel  aforesaid,  so  that  the  fair  opera- 
tion and  lawful  and  impartial  execution  of  the  provisions  of  this 
sub-division  of  this  Article  in  relation  to  the  selection  of  jurors 
in  the  City  of  Baltimore  shall  be  knowingly  prevented  or  inter- 
fered with,  or  with  intent  to  interfere  with  or  prevent  the  same, 


•  241 

or  to  permit  or  allow  the  same  to  be  interfered  with  or  pre- 
vented, shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  sentenced  to  be  confined,  in  the  discretion  of 
the  court,  in  the  Penitentiary  or  Maryland  House  of  Correction 
for  a  term  of  not  less  than  one  nor  more  than  three  years. 

615.  All  special  juries  authorized  by  law  to  be  summoned 
shall  be  summoned  by  the  Sheriff  of  Baltimore  City  from  those 
whose  names  may  be  inscribed  in  the  jury  book  as  then  revised. 

616-  If  any  Sheriff  of  Baltimore  City,  or  any  deputy  thereof, 
shall  wilfully  violate  the  provisions  of  this  sub-division  of  this 
Article  relating  to  juries,  the  said  Sheriff  shall  forfeit  the  sum 
of  one  thousand  dollars,  which  shall  be  recovered  by  civil  action 
in  the  name  of  the  State  against  the  Sheriff  and  the  sureties  on 
his  bond  in  that  behalf,  and  one-half  of  the  penalty  shall  be  paid 
to  the  informer. 

617-  Any  two  of  the  Judges  of  the  Supreme  Bench  of  Bal- 
timore City  may  constitute  a  quorum  at  any  meeting  held  under 
the  provisions  of  this  sub-division  of  this  Article,  and  may  exer- 
•cise  all  the  powers  reposed  in  the  said  Judges. 

618«  In  all  criminal  cases  in  which  the  person  indicted  has 
or  may  have  the  right  of  peremptory  challenge,  the  State's  At- 
torney shall  have  the  right  to  challenge  peremptorily  any  num- 
"ber  of  jurors  not  exceeding  five. 

619.  The  Grand  Jury  shall  at  each  term  of  the  court  visit 
the  jail,  and  inq'uire  into  its  condition,  the  manner  in  which  it 
is  kept  and  the  treatment  of  the  prisoners,  and  report  the  same 
to  the  court. 

620.  All  the  provisions  of  this  sub-division  of  this  Article  re- 
lating to  the  mode  of  drawing  and  summoning  jurors  shall  be 
construed  as  directory  merely,  and  no  indictment  or  present- 
ment for  any  felony  or  misdemeanor  shall  be  quashed,  nor  shall 
any  judgment  upon  any  indictment  or  presentment,  whether 
after  verdict,  by  confession  or  otherwise,  be  stayed  or  reversed, 
nor  shall  any  challenge  to  the  array  of  jurors  be  allowed  because 
of  any  failure  by  the  Judges,  or  the  clerks,  or  the  Sheriff,  to 
•comply  with  the  provisions  of  law  relating  to  the  drawing  of 


242    - 

jurors  in  the  City  of  Baltimore;  provided,  nevertheless,  that  if; 
any  officer  concerned  in  the  drawing  of  said  jurors  shall  wil- 
fully neglect  to  perform  any  duty  imposed  upon  him  by  law,  he 
shall  be  liable  to  indictment  in  the  Criminal  Court  of  Baltimore, 
and  upon  conviction  shall  be  fined  the  sum  of  one  thousand, 
dollars. 

Pay  of  Jurors. 

62 !•  Jurors  in  any  of  the  courts  of  the  City  of  Baltimore 
shall  receive  one  dollar  and  a-half  per  day  for  each  and  every 
day  they  shall  attend  the  several  courts  of  this  State  in  said 
City  as  jurors;  and  it  shall  be  the  duty  of  the  clerk  of  the  court 
to  which  the  jurors  shall  be  summoned,  to  furnish  on  the  day 
their  services  shall  terminate,  to  each  juror,  a  certificate,  show- 
ing the  days  he  has  been  in  attendance  on  the  court,  and  the 
amount  payable  to  him  for  such  service;  and  the  City  Regis- 
ter shall  pay  the  jurors  the  sums  payable  for  such  service 
in  cash,  and  immediately  upon  the  presentation  and  surrender 
of  such  certificate,  with  the  receipt  of  the  juror,  and  said  pay- 
ment shall  not  be  demanded  save  upon  the  surrender  of  said 
certificates,  and  the  said  certificates  shall  not  be  the  subject  of 
assignment. 

Volunteer  Militia  Exempt  from  Jury  Duty. 

622.  All  certificates  of  membership  of  any  legally  organ- 
ized volunteer  company  of  the  militia  shall  be  signed  by  the 
commanding  officer  thereof,  which  certificates  shall  be  issued 
on  or  before  the  first  day  of  April  in  each  year  to  such  persons 
as  may  then  compose  the  uniformed  and  active  members  of 
said  company;  every  such  company  may  receive  and  have  as 
many  honorary  members  as  it  has  active  and  uniformed  mem- 
bers, and  no  more,  on  payment,  in  advance,  by  each  person  de- 
siring to  become  such  honorary  member,  of  not  less  than  ten 
dollars  per  annum ;  which  said  money  shall  be  received  by  the- 
commanding  officer  of  the  company,  and  be  by  him  applied  to 
the  payment  of  armory  rent  or  the  purchase  of  uniforms  for  the 
rank  and  file  of  the  active  members  of  his  company,  or  to  such, 
purposes  as  may  be  authorized  by  the  by-laws  of  said  company ; 
and  the  commanding  officer  of  every  company  shall,  on  or  be- 


243 

fore  the  first  day  of  June  and  December  of  every  year,  render 
to  the  Adjutant  General  an  account  of  the  money  so  received 
and  expended  by  him,  and  every  such  honorary  member  shall 
be  entitled  to  receive  a  certificate  of  honorary  membership  of 
the  company,  to  be  signed  as  aforesaid,  and  bearing  date  at  the 
time  of  its  issue;  which  certificates  of  membership,  whether  of 
uniformed  and  active  members  or  of  honorary  members, 
shall  exempt  the  person  therein  named  from  jury  duty  for  the 
period  of  one  year  from  the  date  of  his  said  certificate;  pro- 
vided, he  files  his  said  certificate  with  the  clerk  of  the  court  be- 
fore the  drawing  of  the  jury. 


JUSTICES  OF  THE  PEACE  AND   CONSTABLES. 

623.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  seven  Justices  of  the  Peace  from  the 
first  legislative  district  of  Baltimore  City,  one  from  each  of  the 
wards  thereof,  and  three  Justices  of  the  Peace  at  large  from  said 
district;  seven  Justices  of  the  Peace  from  the  second  legislative 
district  of  Baltimore  City,  one  from  each  of  the  wards  thereof, 
also  five  Justices  of  the  Peace  at  large  from  said  second  legis- 
lative district ;  eight  Justices  of  the  Peace  from  the  third  legisla- 
tive district  of  Baltimore  City,  one  from  each  of  the  wards 
thereof,  and  five  Justices  of  the  Peace  at  large  from  said  dis- 
trict; and  twelve  Justices  of  the  Peace  from  the  City  of  Balti- 
more at  large,  who  shall  be  appointed  from  such  ward  or  wards 
as  the  Governor  may  elect  or  determine. 

624.  Each  of  said  Justices  of  the  Peace  before  entering 
upon  the  duties  of  his  office  shall  give  to  the  State  of  Maryland 
a  good  and  sufficient  bond,  with  a  surety  or  sureties  to  be  ap- 
proved by  the  Judge  of  the  Superior  Court  of  Baltimore  City, 
in  the  penalty  of  five  thousand  dollars,  with  conditions  that  he 
will  truly  and  faithfully  discharge,  execute  and  perform  all  and 
singular  trie  duties  and  obligations  of  the  office  of  Justice  of 
the  Peace,  and  that  he  will  account  for  and  pay  over  to  the 
Clerk  of  the  Court  of  Common  Pleas  and  to  the  Register  of  the 
City  of  Baltimore,  respectively,  all  fines,  penalties  and  forfeit- 
ures, or  the  portion  thereof  which  he  is  bound  to  account  for 
and  pay  over  to  said  respective  officers,  and  that  he  will  faith- 


244 

fully  and  truly  account  for  and  pay  over  to  the  person  or  corpo- 
ration entitled  to  receive  the  same,  all  money  belonging  to  such 
person  or  corporation  which  may  come  into  his  hands  as  such 
Justice  of  the  Peace. 

625.  The  Justices  of  the  Peace  for  said  City  shall  keep  their 
places  of  official  business  open  each  and  every  day  (Sunday  ex- 
cepted),  from  the  hour  of  eight  o'clock  in  the  forenoon  until  one 
o'clock  in  the  afternoon,  and  from  three  o'clock  in  the  after- 
noon until  six  o'clock  in  the  afternoon. 

626.  No  Justice  of  the  Peace,  in  any  case  of  debt  or  dam- 
ages whatever,  shall  issue  a  summons,  except  on  application  for 
the  same  by  the  plaintiff  or  his  attorney  in  person,  or  in  writing 
accompanied  with  the  cause  of  action  in  said  case ;  nor  an  exe- 
cution, except  upon  the  order,  in  person  or  in  writing,  of  the 
plaintiff  or  his  attorney;  and  if  any  Justice  of  the  Peace  for  said 
City  shall  issue  a  summons  or  execution  contrary  hereto,  or  if 
any  constable  shall  serve  the  same  knowingly,  such  justice  or 
constable  shall  be  liable  to  indictment  in  the  Criminal  Court  of 
Baltimore,  and  on  conviction  shall  be  disqualified  from  holding 
his  office. 

627.  Every  writ  of  replevin  or  summons   issued  by  said 
Justice  shall  be  made  returnable  before  the  same  or  any  Justice 
of  the  Peace  of  the  ward  in  which  the  defendant  may  reside,  and 
the  defendant  shall  have  his  election  to  have  his  case  tried  be- 
fore the  Justice  who  issued  the  writ  of  replevin  or  summons,  or 
before  the  Justice  of  the  ward  in  which  he  resides. 

628.  The  Justices  of    said    City    when  called  out  of    their 
offices  on  business  not  judicial,  may  receive  such  compensation 
for  their  services,  in  addition  to  their  fees  of  office,  as  the  party 
requiring  their  services  may  allow  them. 

629.  Each  of  the  Justices  of  the  Peace  appointed  for  any 
legislative  district  shall  keep  his  office  within  the  limits  of  the 
legislative  district  for  which  he  may  have  been  appointed,  ex- 
cept as  provided  in  the  succeeding  section. 


245 

630.  It  shall  be  the  duty  of  the  Governor,  after  the  appoint- 
ments of  the  Justices  of  the  Peace,  provided  for  in  section  623, 
to  select  from  the  Justices  of  the  Peace  so  appointed,  a  Justice 
of  the  Peace  to  sit  at  each  station  house  in  the  City  of  Balti- 
more, and  in  addition,  one  Justice  of  the  Peace  to  act  at  such 
times  and  places  as  is  hereinafter  provided  for;  each  Justice  so 
selected,  shall  keep  his  office  at  the  station  house  for  which  he 
was  appointed,  and  shall  attend  at  such  station  house  from  nine 
o'clock  A.  M.  until  twelve  o'clock  M.,  in  every  day  in  the  week, 
except  Sunday,  and  from  two  o'clock  P.  M.  until  four  o'clock  P. 
M.,  in  every  day,  except  Sunday;  and  on  every  Sunday  in  each 
year,  shall  attend  at  the  station  house  for  which  he  was  ap- 
pointed, from  nine  o'clock  A.  M.  until  eleven  o'clock  A.  M. ;  and 
at  each  of  said  respective  sittings,  hereinbefore  provided  for, 
shall  perform  all  the  duties  wRich  he  is  required  by  law  to  per- 
form ;  the  attendance  at  any  station  house  of  the  additional  Jus- 
tice of  the  Peace  shall  be  regulated  and  controlled  by  the  Board 
of  Police  Commissioners  for  the  City  of  Baltimore  or  by  the 
State's  Attorney  for  Baltimore  City;  the  said  respective  Jus- 
tices of  the  Peace,  as  selected,  to  sit  at  any  station  house  in  the 
City  of  Baltimore,  shall  transact  no  other  business  at  such  sta- 
tion house,  except  the  business  required  of  them  by  the  seven 
preceding   sections  to  be  by  them,  respectively,  performed  at 
each  station  house. 

631.  Where  there  is  an  arrest  by  an  officer  of   the   Police 
Department  in  the  City  of  Baltimore  of  any  person  for  violation 
of  an  ordinance  of  the  Mayor  and  City  Council  of  Baltimore  or 
a  statute  of  the  General  Assembly  of  the  State  of  Maryland, 
punishable  by  fine  and  not  by  imprisonment,  during  the  hours 
when  the  Police  Magistrates  are  not  at  their  respective  station 
houses,  the  police  captain,  lieutenant  or  other  officer  on  duty 
and  in  charge  of  such  station  is  hereby  authorized  and  em- 
powered to  release  for  the  next  hearing  before  the   Police 
Magistrate  any  person  so  arrested  upon  a  deposit  of  an  amount 
equal  to  the  fine  or  costs  or  penalty  imposed  if  found  guilty,  as 
surety  for  such  appearance,  and  after  the  hearing  the  deposit 
is  to  be  returned  to  the  depositor  if  the  complaint  is  dismissed, 
if  otherwise  it  is  to  be  appropriated  as  designated  by  law. 


240 

632-  It  shall  be  the  duty  of  each  Justice  of  the  Peace  so 
selected  to  sit  at  any  station  house  in  the  City  of  Baltimore  to 
hear  all  charges  made  against  any  person  because  of  the  alleged 
commission  by  such  person  of  any  criminal  offence;  it  shall  be 
the  duty  of  said  Justices  to  examine  carefully  into  every  such 
charge,  to  the  end  that  while  justice  shall  be  done,  no  person 
shall  be  subjected  to  costs  or  imprisonment  without  sufficient 
cause ;  each  of  the  said  Justices  of  the  Peace  shall  have  power 
to  hear,  try  and  determine  the  case  of  every  person  who  may 
be  arrested  and  brought  before  him  in  the  said  City  of  Balti- 
more, charged  with  being  a  tramp,  who  is  or  may  be  punish- 
able as  such  under  sections  275  and  276  of  Article  27  of  the 
Code  of  Public  General  Laws,  title  "Crimes  and  Punishments ;" 
and  to  hear,  try  and  determine  the  cases  of  all  persons  ar- 
rested and  brought  before  him  charged  with  any  offence 
specified  in  sections  67  and  68  of  the  same  Article,  or  in  sec- 
tions 88 1  to  884  of  this  Article,  relating  to  "Vagrant  Chil- 
dren ;"  and  to  hear,  try  and  determine  the  cases  of  all  persons 
brought  before  him  charged  with  assault  or  with  assault  and 
battery;  and  to  hear,  try  and  determine  all  charges  of  carrying 
concealed  weapons,  and  all  prosecutions  or  criminal  proceed- 
ings for  an  act  done  or  omitted  to  be  done  in  the  City  of  Balti- 
more, the  doing  of  which  act  or  the  omission  to  do  which  act, 
which  is  or  may  be  punishable  under  any  Act  of  Assembly  of 
this  State  or  under  any  ordinance  of  the  Mayor  and  City  Coun- 
cil of  Baltimore,  by  pecuniary  fine  only  not  exceeding  one  hun- 
dred dollars ;  but  it  shall  be  the  duty  of  the  said  Justice,  before 
proceeding  to  hear,  try  and  determine  any  of  the  charges  afore- 
said, to  inform  the  party  or  parties  charged  therewith  of  his  or 
their  respective  right  to  a  jury  trial;  and  if  a  jury  trial  be  so 
prayed,  or  if  the  State's  Attorney  for  said  City  shall  before  trial 
for  the  alleged  offence  pray  a  jury  trial  on  the  part  of  the  State, 
the  Justice  shall  forthwith  commit  or  hold  the  party  to  bail  for 
trial  in  the  Criminal  Court  of  Baltimore  and  endorse  on  the 
commitment  or  recognizance  the  fact  of  a  jury  trial  having  been 
prayed;  it  is,  however,  hereby  expressly  provided  that  the  said 
Justices  shall  not  have  power  to  try  and  determine  any  violation 
of  the  Code  of  Public  General  Laws  of  this  State  relating  to 
licenses,  except  violations  of  the  laws  relating  to  hawkers  and 
peddlers,  which  they  shall  have  jurisdiction  to  try  and  de- 


247 

-.termine,  and  shall  not  have  power  to  try  and  determine 
any  violations  of  the  laws  relating  to  Sabbath-breaking,  but 
shall  cause  all  such  offenders  against  the  said  provisions  of  said 
Code  of  Public  General  Laws,  except  as  aforesaid,  to  be  com- 
,mitted  or  held  to  bail  for  trial  in  the  Criminal  Court  of  Balti- 
;more. 

633.     in  all  criminal  prosecutions   or  proceedings   which, 
under  the  provisions  of  the  preceding  section,  may  be  heard, 

•  tried  and  determined  before  a  Justice  of  the  Peace  sitting  at  a 
station  house  in  the  City  of  Baltimore,  it  shall  be  the  duty  of 
such  Justice  of  the  Peace  before  whom  such  case  is  tried,  in 
the  event  of  the  conviction  of  the  accused  at  the  said  trial,  to 
impose  upon  the  said  accused  so  convicted,  the  fine,  or  the  fine 
and  punishment  prescribed  in  case  of  such  conviction  by  the 
Act  of  Assembly  of  this  State,  or  by  the  ordinance  of  the  Mayor 
and  City  Council  of  Baltimore,  for  the  violation  of  which  the 
accused  was  so  tried.     Any  person  sentenced  to  the  payment 

•  of  any  fine,  and  to  the  payment  of  the  costs  of  his  prosecution, 
who  shall  not  forthwith  pay  the  said  fine  and  the  costs  of  said 

-prosecution,  shall  be  committed  by  such  Justice  of  the  Peace  to 
'the  jail  of  Baltimore  City  until  such  fine  and  costs  are  paid,  or 
until  the  said  person  shall  be  discharged  from  such  jail  by  due 
•course  of  law. 


634.  When  a  person  charged  with  any  offence  referred  to 
vin  this  sub-division  of  this  Article,  or  the  State's  Attorney,  shall 
pray  a  jury  trial,  the  Justice  of  the  Peace  shall,  in  addition  to 
his  duties  prescribed  in  section  632,  endorse  upon  said  com- 
mitment or  recognizance  the  names  and  residences  of  the  wit- 
nesses for  the  prosecution;  and  such  commitment  or  recogni- 
zance so  endorsed  shall  be  returned  forthwith  to  the  Clerk  of 

'the  said  Criminal  Court  of  Baltimore. 

635.  The  Justice  of  the  Peace,  so  selected  to  sit  at  any  sta- 
tion house,  may  be  changed  from  time  to  time  by  the  Governor, 
-at  his  discretion,  and  any  other  Justice  of  the  Peace  may  be 

selected  by  the  Governor  to  perform  the  said  duties  at  said 
-station  house. 


248 

636.  Each  Justice  of  the  Peace  selected  to  sit  at  a  station 
house  in  the  City  of  Baltimore  shall  receive  the  sum  of  one 
hundred  and  seventy-five  dollars  per  month,  or  a  proportion- 
able part  thereof,  so  long  as  he  shall  continue  to  act  at  a  station 
house  in  said  City,  under  the  selection  of  the  Governor;  which 
sum  of  money  shall  be  paid  to  him  by  the  City  Regis- 
ter at  the  end  of  each  month  of  his  said  service,  or  a  pro- 
portionable part  thereof,  at  the  end  of  any  portion  of  a  month 
at  which  the  service  of  such  Justice  of  the  Peace  at  said 
station  house  may  terminate,  upon  the  certificate  of  the  Board 
of  Police  Commissioners  of  Baltimore  City,  that  such  service 
has  been  rendered  under  the  appointment  of  the  Governor  as 
aforesaid;  and  no  Justice  of  the  Peace  selected  for  a  station 
house  shall  be  permitted  to  charge  any  fee,  or  receive  any 
gratuity  for  granting  any  release,  or  for  the  performance  of  any 
duty  required  by  law. 


If  any  Justice  of  the  Peace  who  has  been  selected  as 
aforesaid  to  sit  at  any  station  house  in  the  City  of  Baltimore  is 
unable,  by  reason  of  sickness  or  other  unavoidable  cause,  to 
attend  to  his  duty  at  said  station  house,  or  fails  to  attend  at  said 
station  house,  at  any  time,  when  his  presence  is  there  required, 
it  shall  be  the  duty  of  the  Board  of  Police  Commissioners  of 
Baltimore  City  to  require  another  Justice  of  the  Peace  to  per- 
form the  duties  at  said  station  house,  of  the  said  Justice  of  the 
Peace  so  sick  or  absent  ;  and  it  shall  be  the  duty  of  the  Justice 
of  the  Peace  so  required  to  perform  said  duties  at  said  station 
house,  to  perform  the  same  so  long  as  may  be  necessary,  or 
until  the  Governor  shall  select  another  Justice  to  perform  said 
duties;  the  Justice  of  the  Peace  so  required  to  perform  said 
duties  at  said  station  house,  by  the  said  Board  of  Police  Com- 
missioners, in  place  of  the  Justice  selected  by  the  Governor, 
shall  receive  six  dollars  per  day  for  every  day  he  shall  actually 
serve  at  such  station  house;  which  pay  shall  be  deducted  from 
the  pay  provided  to  be  paid  to  the  Justice  selected  to  sit  at  such 
station  house  and  failing  to  attend;  provided,  that  said  pay  of 
the  said  Justice  who  may  sit  in  the  absence  of  the  Justice  so 
selected  to  sit  at  any  station  house,  shall  not  be  deducted  from 
the  pay  of  the  said  last-named  Justice,  if  the  said  Board  of 


249 

Police  Commissioners  shall  certify  that  such  absence  was  by 
reason  of  his  necessary  attendance  upon  any  court  or  Justice  of 
the  Peace  of  said  State,  under  its  process,  nor  when  such  ab- 
sence shall  not  exceed  fifteen  days  in  the  course  of  any  one 
year,  and  when  the  said  Board  of  Police  Commissioners  shall 
certify  that  such  last-named  absence,  not  exceeding  fifteen 
days,  as  aforesaid,  was  occasioned  by  sickness  or  other  un- 
avoidable cause. 

638.  f  he  Said  station-house  Justices  are  granted  a  leave  of 
absence,  with  pay,  for  fifteen  days  during  each  and  every  year; 
and  the  Board  of  Police  Commissioners  are  authorized  to  desig- 
nate one  of  the  civil  magistrates  to  act  in  their  place  during  said 
absence,  who  shall  be  paid  the  same  as  the  station-house  Jus- 
tices receive. 

639.  xo  Justice  of  the  Peace  appointed  under  the  provis- 
ions of  section  623  shall  be  paid  by  the  City  of  Baltimore  any 
fee  for  issuing  any  State  writ,  or  for  any  search  warrant,  or  for 
taking  the  recognizance  of  any  witness,  or  for  taking  any  rec- 
ognizance in  any  case  reported  to  court,  or  for  any  commitment 
or  release,  or  for  issuing  any  subpoena  in  any  criminal  case,  or 
in  any  case  instituted  to  recover  any  fine,  penalty  or  forfeiture 
claimed  by  the  State  of  Maryland,  or  by  the  Mayor  and  City 
Council  of  Baltimore;  and  no  police  officer  or  constable  shall 
be  paid  by  the  Mayor  and  City  Council  of  Baltimore  any  fee 
for  the  service  of  any  subpoena  or  process  in  any  criminal  case,, 
before  any  Justice  of  the  Peace,  or  for  service  of  any  subpoena 
or  process  in  any  case  pending  before  any  Justice  of  the  Peace, 
for  the  recovery  of  any  fine,  forfeiture  or  penalty  by  the  State 
of  Maryland  or  by  the  Mayor  and  City  Council  of  Baltimore. 

64°-  It  shall  be  the  duty  of  the  officers  of  police,  policemen 
and  detectives  appointed  by  the  Board  of  Police  Commission- 
ers of  Baltimore  City,  to  serve  and  execute  any  and  all  writs, 
warrants,  subpoenas  and  commitments,  which  may  be  issued 
by  any  Justice  of  the  Peace  selected  to  sit  at  the  station  houses 
in  the  City  of  Baltimore  as  hereinbefore  provided. 


250 

641.  Whenever  any  Justice  of  the  Peace  appointed  under  the 
provisions  of  this  sub-division  of  this  Article  other  than  one  of 
the  Justices  selected  as  aforesaid  to  sit  at  a  station  house  as 
aforesaid,  shall  issue  a  State  writ  for  the  arrest  of  any  person, 
•or  shall  issue  any  writ  or  summons  against  any  person  or  cor- 
poration to  recover  any  fine,  penalty,  or  forfeiture,  under  any 
law  of  this  State,  or  under  any  ordinance  of  the  Mayor  and 
City  Council  of  Baltimore,  such  writ  or  summons  shall  be  made 
returnable  before  one  of  the  Justices  of  the  Peace  selected  by 
the  Governor  to  sit  at  a  station  house  in  the  City  of  Baltimore, 
-and  shall  not  be  made  returnable  before  the  Justice  of  the  Peace 
issuing  the  same,  unless  he  be  one  of  the  Justices  of  the  Peace 
selected  to  sit  at  a  station  house  as  aforesaid. 

642.  Whenever   any   person   shall   be   arrested   upon   any 
criminal  charge,  or  for  the  violation  of  any  law  of  this  State, 
or  of  any  ordinance  of  the  Mayor  and  City  Council  of  Balti- 
more, it  shall  be  the  duty  of  the  police  officer  or  constable  mak- 
ing such  arrest,  or  in  whose  custody  the  said  person  so  arrested 
may  be,  to  take  the  person  so  arrested  before  the  Justice  of  the 
Peace  sitting  at  a  station  house  who  may  have  issued  the  writ 
or  warrant  for  such  arrest,  or  before  whom  such  writ  or  war- 
rant of  arrest  is  made  returnable ;  but  if  such  arrest  is  made  with- 
out writ  or  warrant,  or  if  such  writ  or  warrant  is  made  return- 
able before  another  Justice  than  a  Justice  of  the  Peace  sitting 
at  a  station  house,  it  shall  be  the  duty  of  the  said  police  officer 
or  constable  to  take  the  person  so  arrested  to  the  nearest  station 
house;  and  the  Justice  of  the  Peace  sitting  at  said  station  house 
shall  take  jurisdiction  in  said  case. 

643.  Every  Justice  of  the  Peace  appointed  under  the  provis- 
ions of  this  sub-division  of  this  Article,  shall  file  with  the  Clerk 
of  the  Court  of  Common  Pleas,  on  the  first  day  of  April,  July, 
October  and  January,  in  each  and  every  year,  an  account  veri- 
fied by  his  oath  or  affirmation,  of  all  fines,  forfeitures  and  pen- 
alties imposed  by  him  under  the  laws  of  this  State,  during  the 
three  preceding  months;  which  said  account  shall  show  the 


251 

names  of  the  respective  defendants,  the  Acts  of  Assembly  under 
which  said  fines,  forfeitures  and  penalties  were  respectively  im- 
posed, and  the  amounts  paid  in  each  case  by  the  said  respective 
defendants;  and  the  said  Justice  of  the  Peace,  at  the  time  of 
filing  said  account,  shall  pay  over  to  the  said  clerk  the  amount 
of  said  fines,  penalties  and  forfeitures  so  received,  or  the  por- 
tion thereof  to  which  the  State  of  Maryland  is  entitled,  to  be 
accounted  for  by  said  clerk  as  other  moneys  of  the  State  are 
accounted  for  by  him. 

644.  Every  Justice  of  the  Peace  appointed  under  the  provis- 
ions of  this  sub-division  of  this  Article  shall  file  with  the 
City  Register,  on  the  first  day  of  April,  July,  October  and 
January  in  each  and  every  year,  an  account  verified  by  his 
oath  or  affirmation,  of  all  fines,  forfeitures  and  penalties  im- 
posed by  him  under  the  ordinances  of  the  Mayor  and  City 
Council  of  Baltimore  during  the  three  preceding  months; 
which  said  accounts  shall  show  the  names  of  the  respective  de- 
fendants, the  ordinances  under  which  said  fines,  penalties  or 
forfeitures  were,  respectively,  imposed,  and  the  amounts  paid 
in  each  case  by  said  respective  defendants ;  and  the  said  Justice 
of  the  Peace  at  the  time  of  filing  said  account  shall  pay  over  to 
the  said  Register  the  amount  of  said  fines,  penalties  and  for- 
feitures so  received,  or  the  portion  thereof  to  which  the  Mayor 
and  City  Council  of  Baltimore  is  entitled  to  be  accounted  for  by 
said  Register  as  other  moneys  of  the  said  City  are  accounted 
for  by  him. 

645-  If  any  Justice  of  the  Peace  shall  not  have  imposed  or 
received  any  such  fines,  forfeitures  or  penalties,  or  any  portion 
thereof,  as  are  mentioned  and  described  in  the  said  two  pre- 
ceding sections,  in  the  said  three  months  preceding  the  time 
hereinbefore  prescribed  for  filing  said  accounts,  he  shall  file  an 
affidavit  or  affirmation  to  that  effect  at  the  time  prescribed  for 
filing  said  accounts. 


252 

All  costs  paid  to  any  Justice  of  the  Peace  sitting  at 
any  station  house  shall  be  accounted  for  and  paid  by  said  Jus- 
tice to  the  Board  of  Police  Commissioners  of  Baltimore  City, 
to  be  by  them  applied  as  directed  by  section  750  of  this  sub- 
division of  this  Article. 

647.  It  shall  not  be  lawful  for  the  Justices  of  the  Peace  of 
the  City  of  Baltimore  to  take  supersedeas  of  any  judgment  re- 
covered in  the  Court  of  Common  Pleas,  the  Superior  Court  of 
Baltimore  City,  or  Baltimore  City  Court,  or  any  decree  of  the 
Circuit  Court  or  Circuit  Court  Number  Two  of  Baltimore  City, 
but  such  supersedeas  shall  be  taken  by  the  clerks  of  said  courts,, 
respectively. 

648'  If  a  Justice  of  the  Peace  in  Baltimore  City  dies,  re- 
signs or  is  removed,  his  docket  and  papers  shall  be  delivered  to 
the  Clerk  of  the  City  Court  within  thirty  days  thereafter. 

649.  If  any  Justice  of  the  Peace  or  constable  appointed 
under  the  provisions  of  this  sub-division  of  this  Article  be  con- 
victed in  a  court  of  law,  of  any  misdemeanor  in  office,  his 
removal  from  said  office  shall  be  part  of  the  sentence  or  judg- 
ment pronounced  upon  him  by  the  said  court.  No  constable 
shall  deputize  any  person  to  act  in  the  service  of  any  writ  what- 
ever for  or  in  his  behalf. 


LANDLORD    AND    TENANT. 

650.  In  all  cases  of  any  demise  or  agreement  for  rental,  ex- 
press or  implied,  verbal  or  written,  hereafter  to  be  made  of  lands 
or  tenements,  whether  real  estate  or  chattels  real,  within  the 
limits  of  the  City  of  Baltimore,  for  less  term  than  three  calendar 
months,  the  remedy  of  distress  for  rent  due  be  and  the  same 
is  hereby  taken  away  and  altogether  superseded. 

651.  Whenever  the  tenant  under  any  such  demise  or  agree- 
ment of  rental,  express  or  implied,  verbal  or  written,  of  lands 


253 

or  tenements,  whether  real  estate  or  chattels  real  within  the 
limits  of  the  City  of  Baltimore,  shall  fail  to  pay  the  rent  there- 
under when  due  and  payable,  it  shall  be  lawful  for  the  lessor  to 
have  again  and  re-possess  the  premises  so  rented. 

652.  Whenever  any  lessor  shall  desire  to  have  again  and  re- 
possess any  premises  to  which  he  is  entitled  under  the  provis- 
ions of  the  preceding  section,  he,  or  his  duly  qualified  agent  or 
attorney,  shall  make  his  written  complaint  under  oath  or  affir- 
mation, before  any  Justice  of  the  Peace  of  the  City  of  Balti- 
more, and  describing  therein  in  general  terms  the  property 
sought  to  be  had  again  and  re-possessed  as  aforesaid,  and  also 
setting  forth  the  name  of  the  tenant  to  whom  the  same  is  rented, 
or  his  assignee  or  under  tenant  or  tenants,  with  the  amount  of 
rent  thereon  due  and  unpaid;  and  praying  by  warrant  to  have 
again  and  re-possess  the  premises,  together  with  judgment  for 
the  amount  of  rent  due  and  costs ;  and  it  shall  thereupon  be  the 
duty  of  said  Justice  of  the  Peace  forthwith  to  issue  his  sum- 
mons, directed  to  any  constable  of  the  City  of  Baltimore,  and 
ordering  him  to  notify  said  tenant,  assignee  or  under  tenant 
forthwith  to  appear  before  the  said  Justice  of  the  Peace,  at  the 
trial  to  be  held  on  the  second  day  after  the  filing  said  complaint, 
to  show  cause  why  the  prayer  of  said  lessor  should  not  be 
granted  as  aforesaid,  and  the  said  constable  shall  forthwith  pro- 
ceed to  serve  said  summons  upon  said  tenant,  assignee  or  under 
tenant  in  said  premises,  or  upon  his  or  their  known  or  author- 
ized agent,  but  if  for  any  reason,  neither  said  tenant,  assignee 
or  under  tenant,  nor  his  or  their  agent  can  be  found,  then  said 
constable  shall  affix  an  attested  copy  of  said  summons  conspic- 
uously upon  said  premises,  and  such  affixing  of  said  summons 
shall,  for  the  purposes  of  this  sub-division  of  this  Article,  be 
deemed  and  construed  a  sufficient  service  upon   all  persons 
whomsoever. 

653.  if  at  the  trial  on  the  second  day  aforesaid,  the  Justice 
of  the  Peace  shall  be  satisfied  the  interest  of  justice  will  be  better 
served  by  an  adjournment  to  enable  either  party  to  procure  his 


254 

necessary  witnesses,  he  may  adjourn  the  trial  for  a  period  not 
exceeding  one  day,  except  by  consent  of  all  parties,  and  if  at 
said  trial  or  due  adjournment  thereof  as  aforesaid,  it  shall  ap- 
pear to  the  satisfaction  of  the  Justice  of  the  Peace  before  whom 
said  complaint  has  been  made  and  tried  as  aforesaid,  that  the 
rent  or  any  part  of  the  rent  for  said  premises  is  actually  due  and 
unpaid,  then  the  said  Justice  of  the  Peace  shall  give  judgment 
in  favor  of  said  lessor  for  the  amount  of  rent  found  due,  with 
costs  of  suit,  and  shall  order  that  said  tenant  and  all  persons 
claiming  or  holding  by  or  under  said  tenant  shall  yield  and 
render  up  possession  of  said  premises  unto  said  lessor,  or  unto 
his  duly  qualified  agent  or  attorney  within  two  days  thereafter; 
provided,  however,  that  if  the  said  tenant,  or  some  one  for  him, 
shall  at  said  trial  or  due  adjournment  thereof  as  aforesaid,  ten- 
der the  rent  found  to  be  due  and  unpaid,  together  with  the  costs 
of  said  suit,  the  said  complaint  shall  be  entered  satisfied  and  no 
further  proceedings  shall  be  had  thereunder. 

654.  in  case  judgment  shall  be  given  in  favor  of  said  lessor 
in  the  manner  aforesaid,  and  the  tenant  shall  fail  to  comply  with 
the  requirements  of  the  said  order  within  two  days  aforesaid, 
the  said  Justice  of  the  Peace  shall,  on  or  at  any  time  after  the 
expiration  of  said  two  days,  issue  his  warrant,  directed  to  any 
constable  of  the  City  of  Baltimore,  that  the  lessor  may  elect, 
ordering  him  to  cause  said  lessor  to  have  again  and  re-possess 
said  premises  by  putting  him  (or  his  duly  qualified  agent  or 
attorney  for  his  benefit)  in  possession  thereof,  and  for  that  pur- 
pose to  remove  from  said  premises,  by  force  if  necessary,  all 
the  furniture,  implements,  tools,  goods,  effects  or  other  chattels 
of  every  description  whatsoever  belonging  to  said  tenant,  or  to 
any  person  claiming  or  holding  by  or  under  said  tenant. 

655.  The  tenant  may  appeal  from  the  judgment  of  the  Jus- 
tice of  the  Peace  to  the  Baltimore  City  Court,  at  any  time  within 
two  days  from  the  rendition  of  such  judgment;  the  tenant  in 
order  to  stay  any  execution  of  the  judgment,  shall  give  a  bond 
to  the  landlord  with  one  or  more  securities,  who  are  owners  of 
sufficient  leasehold  or  real  estate  in  Baltimore  City,  with  con- 


255 

dition  to  prosecute  the  appeal  with  effect,  and  answer  to  the 
landlord,  his  executors,  administrators,  in  all  costs  and  dam- 
ages mentioned  in  the  judgment,  'and  such  other  damages  as 
shall  be  incurred  and  sustained  by  reason  of  said  appeal;  the 
aforesaid  bond  shall  not  affect  in  any  manner  the  right  of  the 
lessor  to  proceed  against  said  tenant,  assignee  or  under  tenant 
for  any  and  all  rents  that  may  become  due  and  payable  to  the 
lessor  after  the  rendition  of  said  judgment. 

656.  The  fee  and  charges  of  the  Justice  of  the  Peace  and 
constables  under  this  Article  shall  be  the  following  and  no- 
other:  "First  costs,"  to  the  Justice  of  the  Peace  for  preparing  the 
written  complaint  and  taking  the  affidavit  of  the  plaintiff  there- 
to, twentv-five  cents,  and  for  issuing  the  summons  to  the  tenant 
and  preparing  attested  copy,  twenty-five  cents;  "second  costs," 
for  every  judgment  rendered  where  there  is  no  trial,  twenty- 
five  cents;  for  every  judgment  rendered  on  trial,  fifty  cents,  and 
ten -cents  additional  for  every  witness  sworn  or  examined; 
"third  costs,"  for  preparing  and  taking  the  bond  of  tenant  in 
case  of  appeal,  twenty-five  cents;  for  the  warrant  for  re-entry  (in 
case  it  be  issued),  twenty-five  cents;  "first  costs,"  to  the  con- 
stable for  serving  the  summons,  forty  cents;  "second  costs,"  for 
executing  the  warrant  for  re-entry,  one  dollar;  and  any  Justice 
of  the  Peace  or  constable  who  shall  charge  or  receive  more  than 
the  actual  fees  prescribed  for  each  specific  act  performed  as  the 
case  proceeds,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  subject  to  and  pay  a  fine  or  penalty 
of  not  less  than  one  hundred  dollars  or  more  than  three  hun- 
dred dollars  for  each  offence,  one-half  thereof  for  the  use  of  the 
State,  and  the  other  half  thereof  to  the  person  that  shall  first 
prefer  the  charge  against  such  offender. 

LEGISLATIVE   DISTRICTS. 

657.  The  First  Legislative  District  of  Baltimore  City  shall' 
be  and  consist  of  the  wards  numbered  from  one  to  eight,  both 
inclusive,  as  said  wards  were  laid  out  and  numbered  under  the 
provisions  of  the  Act  of  1898,  chapter  10,  approved  February 


256 

19,  1898  ;  the  Second  Legislative  District  of  Baltimore  City 
ihall  be  and  consist  of  the  wards  numbered  from  nine  to  six- 
teen, both  inclusive,  as  said  wards  were  laid  out  and  numbered 
under  the  provisions  of  the  Act  of  1898,  as  aforesaid  ;  and  the 
Third  Legislative  District  of  Baltimore  City  shall  be  and  con- 
sist of  the  wards  numbered  from  seventeen  to  twenty-four, 
both  inclusive,  as  said  wards  were  laid  out  and  numbered 
under  the  provisions  of  the  Act  of  1898,  as  aforesaid. 

LICENSES. 

Billiards. 

658.  A  license  may  be  granted  to  any  person  who  may 
apply  for  permission  to  keep  a  billiard  table,  for  which  license 
there  shall  be  paid  the  sum  of  fifty  dollars,  and  for  every  addi- 
tional billiard  table  kept  by  the  same  person,  he  shall  pay  a 
license  of  twenty-five  dollars;  provided,  that  all  said  additional 
tables  shall  be  kept  in  the  same  apartment;  and  provided,  that 
this  section  shall  not  apply  to  any  billiard  table  kept  for  pri- 
vate use. 

659.  Any  person  keeping  or  exhibiting  for  use  a  billiard 
table,  without  first  obtaining  a  license  therefor,  shall  for  each 
and  every  table  so  kept  or  exhibited,  forfeit  and  pay  the  sum 
of  five  hundred  dollars,  one-half  to  the  informer  and  the  other 
half  to  the  State. 

660.  Nothing  contained  in  the  two  preceding  sections  shall 
impair  the  right  of  the  Mayor  and  City  Council  of  Baltimore 
to  impose  a  further  tax  on  billiard  tables. 

Horse  Dealers. 

661.  It  shall  not  be  lawful  for  any  person,  copartnership, 
firm,  corporation,  joint  stock  company,  brokers,  commission 
merchants,  agents,  factors  or  other  association  of  persons,  to 
engage  in  or  carry  on  the  business,  trade,  occupation  or  calling 
of  bartering,  buying,  selling,  exchanging  or  dealing  in  horses. 


257 

mares,  geldings,  jackasses,  jennies  or  mules,  either  as  an  indi- 
vidual, copartnership,  firm,  corporation,  joint  stock  company, 
-commission  merchant,  agent,  factor,  broker,  or  other  associa- 
tion for  said  purpose,  without  first  obtaining  from  the  Clerk  of 
the  Court  of  Common  Pleas  of  Baltimore  City  a  license  for 
•carrying  on  said  business,  for  which  every  such  person,  if  he  de- 
sires to  carry  on  said  business  individually,  or  if  a  firm  or  asso- 
ciation, composed  of  not  more  than  two  persons,  or  corpora- 
tion, shall  pay  the  sum  of  fifty  dollars;  provided,  that  all  the 
names  and  places  of  business  of  said  persons  so  applying  shall 
be  inserted  in  said  license;  and  if  more  than  two  individuals  con- 
stitute and  compose  any  such  firm,  copartnership,  joint  stock 
•company  or  association,  then  an  additional  sum  of  twenty-five 
dollars  shall  be  paid  for  each  and  every  other  individual  than 
the  said  two  constituting  such  firm,  copartnership,  joint  stock 
company  or  association,  of  individuals  ;  and  provided  further, 
that  the  said  business  shall  not  be  carried  on  in  any  of  the 
-streets,  lanes  and  alleys  of  the  City  of  Baltimore. 

662.  Any  person,  and  the  individual  members  of  any  co- 
partnership or  firm,  the  stockholders  of  any  joint  stock  com- 
pany or  corporation,  and  any  commission  merchant,  agent, 
factor,  broker,  or  the  individuals  of  any  other  association  of 
persons  so  engaged  in  or  carrying  on  the  business,  trade,  occu- 
pation or  calling  of  bartering,  buying,  selling,  exchanging  or 
•dealing  in  horses,  mares,  geldings,  jackasses,  jennies  or  mules, 
who  or  which  shall  violate  any  of  the  provisions  of  the  pre- 
ceding section,  shall  be  liable  to  indictment  therefor,  and  upon 
-conviction  thereof  shall  be  fined  one  hundred  dollars  for  each 
-and  every  offence,  one-half  thereof  for  the  use  of  the  State  and 
the  other  half  thereof  to  the  informer;  provided,  however,  that 
nothing  contained  in  this  or  the  preceding  section  shall  be  con- 
strued to  prevent  breeders  and  owners  of  horses,  mares,  geld- 
ings, jackasses,  jennies  or  mules,  and  owners  residing  in  the 
counties  of  this  State  and  doing  business  elsewhere  than  in 
the  City  of  Baltimore,  and  all  owners  who  do  not  follow  the 
business,  trade,  occupation  or  calling  of  buying,  vending,  bar- 
tering, exchanging  or  dealing  in  horses,  mares,  geldings,  jack- 
asses, jennies  or  mules,  from  offering  the  same  for  sale,  barter 


258 

or  exchange,  or  making  sale  of,  bartering  or  exchanging  such* 
horses,  mares,  geldings,  jackasses,  jennies  or  mules,  as  they 
shall  bring  to  the  City  of  Baltimore,  without  a  license;  and. 
nothing  contained  in  this  or  the  preceding  section  shall  be  held 
to  apply  to  regularly  licensed  auctioneers  in  the  City  of  Balti- 
more. 

663.  Any  person   or  body   corporate,  owning  or  renting 
from  the  owner  or  his  agent,  any  building  or  enclosure  within.; 
the  corporation  limits  of  Baltimore  City,  and  using  the  same  in, 
buying,  selling,  trading,  exchanging,  bartering  or  dealing  in 
horses,  geldings,  mares  or  mules,  or  using  the  same  in  exhibit- 
ing or  exposing  for  sale,  trade,  exchange  or  barter,  horses, 
geldings,  mares  or  mules,  shall  be  deemed  to  be  engaged  in  the 
business,  trade,  occupation  and  calling  of  buying,  selling,  trad- 
ing, exchanging,  bartering  and  dealing  in  horses,  geldings,, 
mares  and  mules,  under  the  two  preceding  sections,  and  be  held 
liable  for  a  violation  of  any  of  its  provisions. 

Liquors  and  Intoxicating  Drinks. 

664.  It  shall  not  be  lawful  for  the  Clerk  of   the  Court  of 
Common  Pleas  to  issue  license  to  any  person  to  sell  spirituous 
or  fermented  liquors  or  lager  beer  at  Mount  Vernon  factories, 
or  at  any  place  within  three-fourths  of  a  mile  thereof,  or  on 
Madison  avenue  extended. 

665.  it  snail  not  be  lawful  for  the  Clerk  of   the  Court  of 
Common  Pleas  to  issue  license  to  any  person  to  sell  spirituous- 
or  fermented  liquors  or  lager  beer  at  Woodberry  factory,  or  at 
any  place  nearer  thereto  than  three-fourths  of  a  mile  in  every 
direction. 

666.  it  shall  not  be   lawful  for  the  Clerk  of  the  Court  of 
Common  Pleas  to  issue  license  to  any  person  to  sell  spirituous 
or  fermented  liquors  or  lager  beer  in  any  part  of  the  following 
district,  to  wit:     In  all  that  part  of  Baltimore  City  bounded  on: 
the  east  by  Mount  Royal  terrace,  on  the  south  by  North  or 


259 

Boundary  avenue,  on  the  west  by  Druid  Hill  avenue  extended, 
and  on  the  north  by  Druid  Hill  Park. 

667.  Xo  person  shall  offer  for  sale  or  keep  for  sale  in  the 
City  of  Baltimore  any  intoxicating  liquors,  except  as  herein- 
after provided,  but  this  shall  not  apply  to  sales  made  by  a  per- 
son under  a  provision  of  law  requiring  him  to  sell  personal 
property,  nor  to  sales  of  liquors  by  wholesale,  nor  to  sales  by 
the  maker,  brewer  or  distiller  thereof,  nor  to  sales  by  bottlers 
of  fermented  liquors,  not  to  be  drunk  on  the  premises ;  save  and 
except  as  hereinafter  specially  provided  in  reference  to  whole- 
sale dealers  and  jobbers,  brewers,  distillers  and  bottlers,  in  sec- 
tion 688,  wherein  the  rights  and  duties  of  said  classes  of  per- 
sons are  set  forth  and  defined.    Wherever  the  term  intoxicating 
liquors  is  used  in  this  sub-division  of  this  Article,  it  shall  be 
deemed  to  include  whiskey,  brandy,  rum,  gin,  wine,  ale,  beer 
and  all  other  fermented  and  distilled  liquors,  and  every  mixture 
of  liquors  which  shall  contain  more  than  two  per  cent,  by 
weight  of  alcohol,  and  every  mixture  of  liquors  which  shall 
contain  less  than  two  per  cent  of  alcohol  if  the  same  shall  be 
intoxicating.    Nothing  in  this  sub-division  of  this  Article  shall 
be  construed  to  authorize  the  sale  of  any  intoxicating  liquor  or 
any  admixture  thereof  in  any  part  of  said  City  where  such  sale 
is  or  shall  hereafter  be  prohibited  by  special  law. 

668.  The  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  appoint  three  persons  who  shall  constitute 
a  Board  of  Liquor  License  Commissioners  for  Baltimore  City, 
who  shall  hold  office  for  two  years,  and  until  their  successors 
are  appointed  and  qualified;  and  their  duties  shall  be  such  as 
hereinafter   prescribed;   provided,   however,   that   the   Liquor 
License  Commissioners  appointed  in  April,  eighteen  hundred 
and  ninety,  shall  continue  in  office  until  the  expiration  of  the 
term  for  which  they  were  appointed. 

669»  Said  Board  shall  appoint  such  clerk  or  clerks  and 
counsel  as  the  proper  transaction  of  the  business  of  the  Board 
shall  require;  and  shall  keep  a  full  record  of  all  applications 


260 

for  license,  of  all  recommendations  for  and  remonstrances 
against  the  granting  of  licenses,  and  their  action  thereon ;  and 
the  vote  of  the  members  of  said  Board,  by  yeas  and  nays,  shall 
be  taken  on  the  question  of  granting  or  refusing  every  applica- 
tion for  license,  and  said  records  of  said  Board  shall  at  all  suit- 
able times  be  open  to  the  inspection  of  the  public;  all  neces- 
sary books  and  stationery  shall  be  furnished  by  the  Mayor  and 
City  Council  of  Baltimore,  and  all  salaries  and  expenses  inci- 
dent to  the  business  of  the  Board  shall  be  paid  by  said  Mayor 
and  City  Council  of  Baltimore. 

67O.  Xhe  said  Board  shall  fix  the  salaries  of  all  clerks  and 
counsel  appointed  by  them  for  the  performance  of  the  duties 
imposed  by  this  sub-division  of  this  Article;  any  members  of 
said  Board  shall  each  receive  a  salary  of  two  thousand  dollars 
annually,  to  be  paid  as  the  salaries  of  the  officers  of  the  City  of 
Baltimore  are  paid. 

671-  No  licenses  to  sell  intoxicating  liquors,  other  than  by 
wholesale  traders,  distillers,  brewers,  rectifiers  and  bottlers  of 
fermented  liquors,  shall  be  granted  in  the  City  of  Baltimore 
except  by  said  Board,  and  only  to  citizens  of  the  United  States 
of  temperate  habits  and  good  moral  character,  who  have  com- 
plied with  the  requisites  of  this  sub-division  of  this  Article. 

672.  That  all  licenses  to  sell  spirituous  or  fermented  liquors 
shall  expire  on  the  first  day  of  May  next  ensuing  the  date  of 
their  issue,  and  shall  be  issued  for  twelve  or  six  months  only, 
and  for  no  other  periods  of  time;  all  twelve  months'  licenses 
shall  be  granted  to  begin  only  from  the  first  day  of  May  in  the 
year  of  their  issue,  and  all  six  months'  licenses  shall  be  granted 
to  begin  only  from  the  first  day  of  November,  and  from  no  other 
time,  in  the  year  of  their  issue;  and  all  applications  shall  be 
filed  before  the  first  day  of  May  or  the  first  day  of  November, 
respectively  ;  provided,  however,  that  for  the  twelve  months' 
licenses  two  hundred  and  fifty  dollars  shall  be  paid,  and  for  the 
six  months'  license  one  hundred  and  twenty-five  dollars  shall 
be  paid;  and  provided  further,  that  nothing  in  this  section  shall 
be  construed  to  affect  the  transfer  of  licenses  as  now  provided 
in  this  law. 


2t51 

673.  Every  person  applying  for  a  license  to  sell  intoxicat- 
ing liquors  in  said  City  shall  file  with  the  said  Board  his,  her  or 
their  petition  for  such  license,  and  said  Board  shall  cause  noti- 
fication of  said  petition  to  be  published  three  times  in  two  news- 
papers of  general  circulation  in  said  City  to  be  designated  by 
said  Board,  the  first  publication  to  be  not  less  than  fifteen  nor 
more  than  thirty  days  before  the  time  fixed  by  the  Board  for 
action  on  the  said  petition. 


Said  petition  shall  contain  the  name  and  residence  of 
the  applicant,  and  how  long  he  has  resided  there.  2d.  The  par- 
ticular place  for  which  a  license  is  desired,  designating  the  same 
by  street  and  number,  if  practicable,  and  if  not,  by  such  other 
apt  description  as  definitely  locates  it.  3d.  The  name  of  the 
owner  of  the  premises  upon  which  the  business  licensed  is  to  be 
carried  on.  4th.  A  statement  that  the  applicant  is  a  citizen  of 
the  United  States,  and  that  it  is  necessary  for  the  accommoda- 
tion of  the  public  that  the  place  should  be  licensed.  5th.  That 
the  applicants  have  not,  nor  has  any  of  them  had  a  license  for 
the  sale  of  intoxicating  liquors  in  this  State  revoked,  nor  has 
been  convicted  of  any  crime  within  one  year  preceding  the 
filing  of  said  petition.  6th.  That  he  or  she  will  not  knowingly 
sell,  or  allow  to  be  sold  in  the  said  house  or  on  the  said  prem- 
ises any  such  liquors  on  Sunday  or  on  election  days,  or  to 
minors  at  any  time,  or  allow  a  minor  to  drink  in  said  house  or 
on  said  premises;  that  he  or  she  will  not  keep,  or  permit  to  be 
kept,  a  bawdy  house  in  the  said  house  or  on  the  said  premises, 
or  the  gathering  together  in  or  the  visitation  to  said  house  or 
premises  of  women  for  lewd  or  immoral  purposes.  7th.  This 
petition  must  be  verified  by  the  affidavit  of  the  petitioner,  made 
before  a  Justice  of  the  Peace;  if  any  false  statement  is  made  in 
any  part  of  said  petition,  the  petitioner  or  petitioners  shall  be 
deemed  guilty  of  perjury,  and  upon  indictment  and  conviction 
thereof,  his  license  shall  be  revoked  and  he  shall  be  subject  to 
the  penalties  provided  by  law  for  that  crime. 

675.     There  shall  be  annexed  to  this  petition  a  certificate 
signed  by  at  least  ten  respectable  qualified  voters  residing  or 


262 

doing  business  in  the  ward  in  which  the  petitioner  asks  to  do 
business,  stating  the  residence  or  place  of  business  of  each  per- 
son, certifying  and  setting  forth  that  they  have  been  acquainted 
with  the  petitioner  or  petitioners  for  (specifying  the  length  of 
such  acquaintance),  that  they  have  good  reason  to  believe  that 
all  the  statements  contained  in  the  petition  are  true,  and  they, 
therefore,  pray  that  the  prayer  of  said  petition  be  granted,  and 
the  license  issued  as  prayed  for. 

676.  The  said  Board  shall  publicly  hear  petitions  from  resi- 
dents of  the  ward  or  persons  living  or  doing  business  in  the 
vicinity  of  the  place  for  which  license  is  prayed,  in  addition  to 
that  of  the  petitioner,  in  favor  of,  and  remonstrance  against  the 
granting  of  said  license;  and  in  all  cases  shall  refuse  the  same, 
whenever,  in  the  opinion  of  the  said  Board  such  license  is  not 
necessary  for  the  accommodation  of  the  public,  or  the  peti- 
tioner or  petitioners  is  or  are  not  fit  persons  to  whom  such 
license  should  be  granted;  and  if  sufficient  cause  shall  at  any 
time  be  shown,  or  proof  be  made  to  the  said  Board,  that  the 
party  licensed  was  guilty  of  any  fraud  in  procuring  such  license, 
or  has  violated  any  law  of  the  State  relating  to  the  sales  of  in- 
toxicating liquor,  the  said  Board  shall,  after  giving  notice  to 
the  person  so  licensed,  revoke  said  license;  and  the  Criminal 
Court  of  the  City  may  in  like  manner  revoke  said  license  if  the 
party  should  be  convicted  before  it  of  any  such  violation. 

677.  No  license  shall  be  issued  to  any  person  or  persons 
until  he,  she  or  they  shall  have  paid  the  license  fees  provided  for 
in  this  sub-division  of  this  Article. 

678.  If,  after  the  notice  and  hearing  provided  for  in  this 
sub-division  of  this  Article,  the  said  Board  should  decide  to 
grant  the  license  prayed  for,  they  shall  notify  the  applicant  of 
such  decision  in  writing,  and  the  applicant  shall  thereupon  pay 
to  the  clerk  of  the  Court  of  Common  Pleas  the  sum  of  money 
specified  below,  to  wit:  For  a  hotel  or  restaurant  or  other  place 
in  which  distilled  liquors  or  any  admixture  of  distilled  liquors 
containing  more  than  fifteen  per  cent,  of  alcohol,  or  fermented 
liquors  containing  less  than  fifteen   per  cent,   of  alcohol,   are 
sold  bv  retail,  by  the  drink,  or  in  quantities  or  packages  not 


263 

•exceeding  five  gallons  of  any  spirituous  or  fermented  liquor 
except  lager  beer,  and  not  exceeding  one  keg  of  eight  gallons 
or  less  of  lager  beer,  to  be  drunk  on  the  premises  or  not,  as 
'desired  by  the  purchaser,  the  sum  of  two  hundred  and  fifty 

dollars ;  and  the  clerk  of  the  Court  of  Common  Pleas  shall 
•thereupon  issue  to  applicants  the  license  authorized  to  be  issued 
"by  said  Board;  provided,  that  any  bona  fide  retail  grocer  who 
; shall  make  application  to  said  Board  therefor,  may  be  licensed 

by  said  Board  in  their  discretion,  upon  complying  with  the 
•conditions  of  this  Act,  to  sell  wines,  spirituous  and  fermented 

liquors,  as  aforesaid,  in  quantities  or  packages  not  less  than 
•one  pint,  but  in  no  case  to  be  drunk  on  the  premises,  and  shall 

pay  for  such  license  the  sum  of  two  hundred  and  fifty  dollars 
.a  year,  and  in  no  case  shall  a  license  to  sell  intoxicating  liquors 

.by  the  drink  be  granted  to  any  person  who  shall  obtain  a  license 

to  sell  goods,  wares  or  merchandise,  other  than  intoxicating 
•  liquors,  upon  the  same  premises  where  such  intoxicating  liquors 

are  licensed  to  be  sold,  but  licensed  saloon-keepers  may  also 
^sell  tobacco  and  non-alcoholic  beverages ;  provided,  further,  that 

no  retail  license  shall  be  issued  to  any  distiller  or  brewer. 

6"79.     The  whole  of  the  money  received  by  the  Clerk  of  the 

"Court  of  Common  Pleas  for  the  licenses  aforesaid,  shall  be  paid 

•over  quarterly  by  said  Clerk  of  the  Court  of  Common  Pleas  to 

the  State  as  now  provided  by  law,  and  when  so  paid  over,  the 

Comptroller  of  the  Treasury  shall  draw  his  warrant  upon  the 

"Treasurer  in  favor  of  the  Mayor  and  City  Council  of  Baltimore 

for  three-fourths  thereof,  to  be  applied  to  the  general  use  of 

;said  City. 

680.  Every  person  receiving  a  license  under  this  sub-divi- 
sion of  this  Article  shall  frame  his  license  under  a  glass,  and 
place  the  same  so  that  it  shall  at  all  times  be  conspicuous  and 

•easily  read,  in  his  chief  place  of  making  his  sales,  and  no  license 
issued  under  this  sub-division  of  this  Article  shall  authorize 
sales  by  any  person  who  shall  neglect  this  requirement. 

681.  No  licensee  under  the  provisions  of  this  sub-division 
of  this  Article  shall  sell  or  furnish  any  intoxicating  liquors  at 


264 

any  time  to  a  minor,  either  for  his  or  her  own  use,  or  for  the 
use  of  any  other  person,  or  to  a  drunkard,  or  to  any  person, 
whose  parent,  guardian,  husband,  wife  or  child  shall  have  given 
to  such  licensee  a  notice  in  writing,  'verified  by  affidavit,  that 
such  person  is  of  intemperate  habits,  and  requesting  such, 
licensee  not  to  sell  to  him  or  her,  or  to  a  person  visibly  affected 
by  intoxicating  drinks. 

682.  No  licensee  under  this  sub-division  of  this  Article 
shall  sell  or  furnish  to  any  person  intoxicating  liquors  on  any 
days  upon  which  elections  are  now  or  hereafter  may  be  re- 
quired by  law  to  be  held;  nor  on  the  Lord's  Day,  commonly 
called  Sunday,  except  that  if  the  licensee  is  a  hotel  keeper  he 
may  supply  such  liquors,  to  be  drunk  in  their  rooms  or  with 
their  meals,  to  bona  fide  guests;  nor  between  the  hours  of  twelve 
o'clock  midnight  and  five  o'clock  A.  M.  at  any  time;  nor,  except 
in  hotels,  shall  conduct  his  business  in  any  place  to  which  an- 
entrance  shall  be  allowed  other  than  directly  from  a  public 
traveled  way;  provided,  however,  that  any  licensed  dealer  may,, 
with  the  permission  of  the  Board  of  Police  Commissioners  at 
any  bona  fide  entertainment  of  any  society,  club  or  corporation,, 
sell    intoxicating    liquors    between    such  hours  as  the  Board 
aforesaid  may  designate  in  said  permit. 

683.  Druggists  and  apothecaries  shall  not  be  required  to 
obtain  license  under  the  provisions  of  this  sub-division  of  this- 
Article,  but  they  shall  not  sell  intoxicating  liquors,  nor  com- 
pound or  mix  any  composition  therepf,  except  upon  the  writ- 
ten prescription  of  a  regular  physician;  nor  more  than  once  on 
any  one  prescription  of  the  physician;  and  every  druggist  or 
apothecary  shall  keep  a  book  for  the  special  purpose  and  enter- 
therein  the  date  of  every  sale  of  intoxicating  liquor  made  by 
him,  the  person  to  whom  sold,  the  kind,  quantity  and  price 
thereof,  and  the  purpose  for  which  it  was  sold,  and  such  book 
shall  be  at  all  times  open  to  the  said  Board,  or  of  any  person 
designated  and  authorized  by  them  to  make  such  inspection,, 
and  shall  be  produced  before  such  Board  when  required;  and-' 
any  failure  to  comply  with  the  provisions  of  this  section  shalK 


265 

render  such  druggist  or  apothecary  so  failing  liable  to  the 
same  penalties  as  if  he  had  sold  intoxicating  liquors  without  a 
license. 

684.  Any  person  who  shall  hereafter  be  convicted  of  sell- 
ing intoxicating  liquors,  or  any  admixture  thereof,  in  the  City 
of  Baltimore,  without  a  license  under  the  provisions  of  this 
sub-division  of  this  Article,  shall  be  sentenced  to  pay  a  fine  of 
not  less  than  five  hundred  dollars  nor  more  than  five  thousand 
dollars,  or  undergo  imprisonment  in  the  jail  of  said  City,  or  in 
the  House  of  Correction  of  not  less  than  three  months,  nor 
more  than  twelve  months,  or  to  both  fine  and  imprisonment,  at 
the  discretion  of  the  court. 

685.  Any  person  having  a  license  under  the  provisions  of  this 
sub-division  of  this  Article  who  shall  hereafter  be  convicted  of 
violating  any  of  the  provisions  of  this  sub-division  of  this  Arti- 
cle or  of  the  conditions  of  his  license,  shall  be  subject  to  a  fine  of 
not  less  than  one  hundred  or  more  than  five  hundred  dollars  ; 
and  for  any  second  offence,  whereof  he  shall  be  convicted,  his 
license  shall  be  vacated  and  revoked,  and  he  shall  be  subjected 
to  a  fine  of  not  less  than  five  hundred  nor  more  than  one  thou- 
sand dollars,  or  to  imprisonment  in  the  jail  or  the  House  of 
Correction  for  not  less  than  three  months,  nor  more   than 
twelve  months,  or  to  both  fine  and  imprisonment  at  the  discre- 
tion of  the  court.       The  license  of  any  person  who  permits 
minors  to  frequent  or  loiter  about  his  place,  or  disreputable  or 
disorderly  persons  to  make  it  a  customary  place  of  visitation  or 
resort,  may  be  at  any  time,  upon  proof,  revoked  by  the  Crim- 
inal  Court  of  Baltimore  City,   or  by  said   Board,   the  same 
person  shall  not  again  be  licensed  within  two  years  of  the  time 
of  such  revocation.    Nothing  in  this  sub-division  of  this  Article 
shall  be  construed  to  repeal  or  modify  any  of  the  provisions 
contained  in,  or  the  penalties  imposed  by  any  law  of  this  State 
forbidding  or  restricting  the  sale  of  intoxicating  liquors  on  a. 
day  on  which  elections  are  held. 

686-     Upon  complaint  or  allegation  by  any  qualified  voter 


266 

of  Baltimore  City  who  shall  give  security  for  the  cost  of  prose- 
cution, that  any  license  has  been  corruptly  or  knowingly  issued 
by  said  Board  to  any  person  who  has  not  complied  with  the  pro- 
visions of  this  sub-division  of  this  Article,  it  shall  be  the  duty 
of  the  State's  Attorney  to  file  in  the  Criminal  Court  of  Balti- 
more City  an  information  against  said  Board  and  against  said 
licensee,  and  if  it  shall  be  found  that  such  license  was  improp- 
erly issued,  said  license  shall  be  revoked,  and  the  members  of 
:said  Board  who  voted  in  favor  of  issuing  said  license  shall  in 
addition  to  the  other  penalties  for  malfeasance  in  office  be 
removed  from  said  office. 

687.  For  the  purpose  of  all  hearings  and  inquiries  which 
the  Board  of  Liquor  License  Commissioners  are  authorized  to 
have  and  make,  they  are  hereby  authorized  to  issue  summons 
for  witnesses  and  administer  to  them  oaths  or  affirmations,  and 
all  summons  so  issued  shall  be  served  by  the  police  force  of  the 
City  of  Baltimore.     If  any  witness  so  summoned  shall  refuse  or 
neglect  to  attend,  or  attending,  refuse  to  testify,  the  said  Board 
•shall  report  the  facts  to  the  Superior  Court  of  Baltimore  City, 
which  is  hereby  authorized  and  directed  to  proceed  by  attach- 
ment against  said  witnesses  in  all  respects  as  if  said  neglect  or 
refusal  had  been  by  witnesses  summoned  to  appear  in  said  court 
in  cases  pending  before  it. 

688.  Distillers,  brewers   and  wholesale  dealers  or  jobbers 
shall  be  allowed  to  sell  spirituous  and  fermented  liquors  in  quan- 
tities or  packages  not  less  than  one  pint  each,  and  in  no  case  to 
be  drunk  on  the  premises ;  distillers  and  brewers  shall  require  no 
license;  wholesale  dealers  and  jobbers  shall  be  entitled  to  re- 
ceive a  license  as  such,  to  sell  as  above  stated  and  not  other- 
wise, upon  applying  directly  to  the  Clerk  of  the  Court  of  Com- 
mon Pleas,  and  paying  to  him  the  sum  of  two  hundred  and 
fifty  dollars  a  year  therefor;  but  any  person,  copartnership  or 
corporation  (other  than  brewers,  who,  as  hereinbefore  stated, 
require  no  license),  may  be  licensed  to  conduct  a  bottling  busi- 
ness by  selling  fermented  liquors  only,  and  in  quantities  or 


267 

packages  not  less  than  twelve  pint  bottles,  by  applying  directly 
to  the  Clerk  of  the  Court  of  Common  Pleas,  and  paying  him  the 
sum  of  forty  dollars  a  year  therefor;  any  person  required  by  this 
section  to  take  out  a  license,  who  shall  sell  or  offer  for  sale  any 
intoxicating  liquor  without  having  first  procured  such  license, 
and  any  person  who  shall  violate  any  of  the  provisions  of  this 
section,  as  to  the  manner  or  quantity  in  which  he  shall  sell 
or  offer  for  sale  such  liquors,  whether  he  shall  be  required  to 
take  out  a  license  or  not,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  fined  not  less 
than  two  hundred  and  fifty  dollars  nor  more  than  five  hundred 
dollars,  in  the  discretion  of  the  court;  no  license  under  this 
section  shall  be  issued  for  a  longer  period  than  one  year;  if 
issued  for  a  shorter  period,  the  licensee  shall  pay  for  every 
month  for  which  his  license  is  to  run,  one-twelfth  of  the  annual 
charge  for  such  license,  and  all  such  licenses  shall  expire  on  the 
first  day  of  May  succeeding  their  issue;  the  whole  of  the  money 
received  by  the  Clerk  of  the  Court  of  Common  Pleas  for  the 
licenses  aforesaid,  shall  be  paid  over  quarterly  by  said  Clerk  of 
the  Court  of  Common  Pleas  to  the  State  as  now  provided  by 
law,  and  when  so  paid  over  the  Comptroller  of  the  Treasury 
shall  draw  his  warrant  upon  the  Treasurer  in  favor  of  the 
Mayor  and  City  Council  of  Baltimore  for  three-fourths  thereof, 
to  be  applied  to  the  general  use  of  said  City. 

689.  NO  hotel  keeper,  or  ordinary  keeper,  shall  receive  a 
license  to  sell  intoxicating  liquors  until  he  shall  have  first  paid 
for  and  received  a  license  to  keep  a  hotel  or  ordinary,  as  pro- 
vided by  law. 

690.  Any  holder  of  a  license  to  sell  intoxicating  liquors  at 
retail,  by  the  drink  or  otherwise,  may  be  permitted  by  said 
P>oard  in  their  discretion  to  sell  or  assign  said  license  to  another 
person,  to  be  used  at  the  same  or  another  place  of  business ;  or 
to  transfer  his  said  license  to  another  place  of  business ;  pro- 
vided, that  the  fitness  and  propriety  of  said  intended  purchaser 
or  assignee,  and  of  said  intended  new  place  of  business  shall 
be  first  approved  by  said  Board  upon  due  application  therefor, 
recommendation  by  qualified  voters,  advertisement  of  same  in 
newspapers,  etc.,  as  required  in  case  of  an  original  application 
for  such  license.     Such  sale  or  assignment  or  transfer  when 


268 

granted  by  said  Board  shall  be  endorsed  upon  the  license  by 
the  clerk  of  the  Court  of  Common  Pleas,  who  shall  be  entitled 
to  receive  a  fee  of  fifty  cents  therefor,  and  the  same  shall  then 
take  effect.  And  whenever  the  said  Board  may  be  satisfied  that 
any  license  has  been  lost  or  destroyed  or  that  any  licensee  has 
transferred  or  assigned  his  license  to  another  person,  and  the 
said  transfer  or  assignment  has  been  duly  approved  by  the 
Board,  in  the  manner  above  provided  for,  and  the  original 
licensee  withholds  said  license  from  the  person  or  persons  to 
whom  he  has  assigned  or  transferred  the  same,  and  refuses  to 
deliver  or  surrender  said  license,  the  said  Board  shall  have  the 
power  to  revoke  and  cancel  said  original  license  and  to  issue 
a  duplicate  license  in  lieu  thereof  to  such  transferee  upon  the 
payment  of  the  aforesaid  fee  of  fifty  cents,  without  any  addi- 
tional license  fee.  And  if  any  license  shall  be  in  course  of  trans- 
fer for  the  same  place  of  business,  the  Board  shall  have  the 
power  in  its  discretion  to  issue  a  permit  to  the  owner  or  trans- 
feree of  such  license  to  conduct  business  thereunder  until  a 
duplicate  license  can  be  issued  or  said  transfer  duly  effected. 
And  the  clerk  of  the  Court  of  Common  Pleas  shall  endorse 
upon  such  duplicate  license  the  word  "  Duplicate,"  together 
with  the  name  of  the  original  licensee,  as  well  as  that  of  the 
transferee  to  whom  such  duplicate  is  granted.  And  in  the 
settlement  of  his  accounts  with  the  Comptroller  and  Treasurer 
of  the  State  of  Maryland,  the  said  clerk  of  the  Court  of  Com- 
mon Pleas  shall  be  allowed  for  such  duplicate  licenses. 

691.  Every  licensed  dealer  to  whom  the  Board  of  Police 
Commissioners  for  the  City  of  Baltimore  shall  issue  a  permit 
to  sell  intoxicating  liquors  at  places  of  entertainment,  as  author- 
ized by  section  682  of  this  Article,  shall  pay  the  said  Board  of 
Police  Commissioners  one  dollar  for  said  permit,  the  money  so- 
paid  to  go  into  the  special  fund  of  said  Board. 

Pawnbrokers. 

692.  All  pawnbrokers  in  the  City  of  Baltimore  shall  keep, 
or  cause  to  be  kept,  in  a  suitable  book  or  books  to  be  provided 
by  them  for  that  purpose,  an  accurate  account  showing  the 
date  of  each  deposit  made  with  them  in  the  course  of  their 


269 

business,  and  of  each  purchase  made  by  them  in  the  course  of 
their  business,  of  any  and  all  personal  property,  so  described  as 
to  identify  the  said  personal  property  so  deposited  or  sold;  and 
showing  also  the  sum  of  money  advanced  thereon  or  paid 
therefor,  the  time  for  which  any  such  deposit  was  agreed  to  be 
kept,  and  the  name  of  the  depositor  or  seller  of  such  personal 
property,  and  his  place  of  business  or  abode;  and  such  entries 
shall  be  made  by  such  pawnbrokers  immediately  upon  the  mak- 
ing of  any  such  transaction;  such  book,  and  the  personal  prop- 
erties so  deposited  or  purchased,  shall  be  subject  at  all  times 
to  the  inspection  of  such  agent  or  officer  as  may  be  designated 
for  that  purpose  by  the  Mayor  and  City  Council  of  Baltimore, 
and  also  to  the  inspection  of  the  Marshal  of  Police  for  the  City 
of  Baltimore,  and  of  such  officer  as  he  may  designate  for  that 
purpose ;  and  all  pawnbrokers  who  shall  omit,  neglect  or  refuse 
to  provide  and  keep  such  book,  or  to  enter  therein  forthwith 
as  aforesaid  an  account  of  all  deposits  made  with  and  purchases 
made  by  them,  as  aforesaid,  with  all  the  particulars  thereof,  as 
hereinbefore  required,  or  who  shall  enter  incorrectly  in  such 
book  any  such  account  of  deposits  made  with  them,  or  pur- 
chases made  by  them,  as  aforesaid,  or  who  shall  refuse  to  ex- 
hibit any  of  such  books  and  properties  so  deposited  or  pur- 
chased, if  in  their  possession  or  under  their  control,  upon 
demand  of  any  of  the  officers  empowered  or  authorized  as 
aforesaid  to  make  such  inspection,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  subject  to 
a  fine  of  not  less  than  twenty  dollars,  or  an  imprisonment  of  not 
less  than  thirty  days,  or  to  both  fine  and  imprisonment  in  the 
discretion  of  the  court. 

693.  Before  any  person  or  body  corporate  shall  transact 
the  business  of  pawnbrokers  in  the  City  of  Baltimore,  he  or 
it  shall  first  obtain  from  the  Clerk  of  the  Court  of  Common 
Pleas  in  said  City,  a  State's  license  authorizing  him  or  it  to 
carry  on  such  business  in  the  said  City,  for  which  said  license 
he  or  it  shall  pay  the  sum  of  five  hundred  dollars,  and  in 
addition  to  this,  he  or  it  shall  file  with  said  clerk  a  bond  to 
the  State  of  Maryland,  in  the  sum  of  ten  thousand  dollars,  to 
be  approved  by  said  clerk,  for  the  faithful  performance  of  the 
requirements  of  this  sub-division  of  this  Article;  and  any  pawn- 


270 

broker  who  shall  violate  this  section  by  failure  to  file  such 
bond,  or  to  obtain  the  license  as  aforesaid,  though  continuing 
to  transact  the  business  of  a  pawnbroker,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall,  on  conviction  thereof,  be  fined 
the  sum  of  five  hundred  dollars,  or  be  imprisoned  in  the  City 
Jail  for  the  term  of  six  months,  or  both,  in  the  discretion  of  the 
court. 

Merchandise  Brokers. 

694-  Any  person  or  partnership  applying  for  the  same,  and 
paying  the  sum  of  eighteen  dollars  and  seventy-five  cents  for 
each  individual  or  representative  of  such  firm  or  partnership, 
may  obtain  a  license  for  carrying  on  the  business  of  grain 
broker,  coffee  broker,  cotton  broker,  sugar  broker,  or  mer- 
chandise broker. 

Real  Estate  Brokers. 

695.  Any  person,  copartnership  or  firm  applying  for  the 
same,  and  paying  the  sum  of  money  herein  provided,  may  ob- 
tain a  license  for  carrying  on  the  business  of  real  estate  broker 
in  the  City  of  Baltimore;  provided,  that  the  names  of  each  and 
every  person  comprising  any  copartnership  or  firm  applying 
for  such  license  shall  be  inserted  in  said  license  ;  provided,  that 
the  sum  of  money  to  be  paid  therefor  as  aforesaid  shall  be 
twenty-five  dollars  for  the  first  two  names  inserted  in  said 
license,  and  twenty-five  dollars  additional  for  each  and  every 
name  above  two  inserted  therein. 

696.  Any  person,  copartnership  or  firm  who  shall  carry  on 
the  business  of  real  estate  broker,  or  shall  undertake  to  act  as 
such  real  estate  broker  by  public  advertisement,  sign  or  other- 
wise, without  such  license  first  obtained,  or  who  shall  use  or 
attempt  to  use  the  license  of  another  with  intent  to  evade  the 
provisions  of  sections  695  to  699  of  this  Article,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
subject  to  and  pay  a  fine  or  penalty  of  not  less  than  two  hun- 
dred  dollars   nor   more  than  five   hundred   dollars   for   each 
offence;  one-half  thereof  for  the  use  of  the  State,  and  the  other 


271 

half  thereof  to  the  person  or  corporation  that  shall  first  prefer 
before  the  Grand  Jury  the  charge  against  such  offender;  and 
any  person,  copartnership  or  firm  who  shall  directly  or  indi- 
rectly act  as  real  estate  broker,  or  shall  undertake  the  buying 
or  selling  of  ground  rents  or  other  real  estate,  or  of  chattels 
real,  or  the  leasing  of  real  estate  or  chattels  real,  or  the  negotia- 
tion or  sale  of  mortgage  loans  on  real  estate  or  chattels  real,, 
or  the  collection  of  rents  for  others,  with  a  view  to  reward  or 
compensation  for  such  undertaking,  shall  be  deemed  to  be 
carrying  on  the  business  of  real  estate  broker  within  the  mean- 
ing of  said  sections,  and  be  subject  to  the  fines  or  penalties 
herein  prescribed. 

697-  If  any  person  who  has  obtained  such  license  shall  die 
or  shall  move  from  and  cease  to  use  and  exercise  the  business- 
of  real  estate  broker  in  the  City  of  Baltimore,  before  the  expira- 
tion of  the  term  in  said  license  specified,  the  benefit  of  said 
license  for  the  unexpired  term  shall  issue  to  and  be  continued 
in  his  legal  representative  or  assignee,  upon  application  to  the 
proper  clerk  for  that  purpose,  accompanied  by  the  oath  by  the 
party  applying,  made  before  a  judge  of  a  court  of  record  and 
endorsed  on  said  license,  that  the  person  to  whom  said  license 
was  originally  granted  is  deceased,  or  has  removed  from  and 
ceased  to  use  or  exercise  the  said  business  in  the  said  City. 

698.  Upon  said  application  and  affidavit  the  clerk  shall,  by 
his  endorsement  on  said  license,  authorize  such  legal  represent- 
ative or  assignee  to  use  or  exercise  the  business  of  such  real 
estate  broker  in  said  City  for  the  unexpired  term  in  said  license 
named. 

699.  ]\"o  person,  copartnership,  association  or  firm,  legal 
representative  or  assignee,  shall  use  or  occupy  at  the  same  time 
more  than  one  office  or  place  of  business  for  the  transaction  of 
his  or  their  business  as  such  real  estate  broker,  in  said  City,, 
unless  a  separate  license  be  procured  for  each  and  every  such 
office  or  place  of  business,  or  for  each  and  every  branch  office 
where  the  business  of  said  person,  copartnership,  association  or 
firm  as  such  real  estate  broker  in  said  City  is  carried  on  or 
located;  and  any  person  who  shall  violate  the  provisions  of  this- 


272 

section  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof,  shall  be  subject  to  the  same  fine  and  penalties 
as  are  imposed  by  the  provisions  of  section  696  of  this  Article; 
but  nothing  herein  shall  be  so  construed  as  to  prevent  any  such 
person,  co-partnership,  association  or  firm,  legal  representative 
or  assignee,  from  holding  at  the  same  time  with  the  license  as 
real  estate  broker  in  said  City,  provided  for  by  section  695  of 
this  Article,  a  license  or  licenses  for  any  other  kinds  of  broker- 
age business  permitted  by  the  laws  of  this  State  upon  paying  to 
the  clerk  the  several  sums  by  law  prescribed  for  such  license  or 
licenses. 

TOO.  The  five  preceding  sections  shall  not  apply  to  trans- 
actions of  attorneys  at  law  with  their  clients;  but  their  provis- 
ions shall  nevertheless  apply  to  all  other  persons  who  make  a 
business  of  brokerage  or  agency  for  others  in  transactions  in 
real  estate,  mortgage  or  chattels  real,  by  solicitation,  advertise- 
ment, sign  or  otherwise,  with  a  view  to  reward  or  compensa- 
tion for  such  business,  whether  the  same  be  conducted  under 
the  name  of  agent,  property  agent,  broker,  negotiator,  finan- 
cier, dealer  or  any  other  name  so  as  to  evade  the  provisions  of 
said  sections. 

Duty  of  Sheriff  and  Clerk  of  Court. 

7O1.  It  shall  be  the  duty  of  the  Sheriff  of  Baltimore  City 
annually,  in  the  month  of  April,  to  make  or  cause  to  be  made 
an  alphabetical  list  of  the  names  of  all  persons  or  bodies  cor- 
porate or  politic  in  each  \vard  of  the  City  of  Baltimore  who 
shall  be  exercising,  pursuing  any  business,  or  be  doing  any  act 
or  thing,  or  shall  be  in  the  use  or  occupation  of  any  house  or 
place  for  any  purpose  for  which  a  license  is  made  necessary  by 
this  sub-division  of  this  Article,  and  to  return  such  list  to  the 
Grand  Jury  of  said  City  at  as  early  a  period  as  practicable  after 
the  first  day  of  May  then  next  ensuing;  and  the  said  Sheriff 
shall,  within  the  first  week  of  the  month  of  April,  cause  a 
notice  to  be  inserted  in  the  daily  papers  of  the  City,  cautioning 
all  persons  and  bodies  corporate  or  politic  whom  it  may  con- 
cern, to  obtain  a  license,  or  renew  the  same,  on  or  before  the 


273 

first  day  of  May  then  next  ensuing;  and  said  Sheriff  shall  be 
entitled  to  receive  fifty  cents  for  every  license  obtained  by  any 
person  whose  name  shall  be  contained  in  the  list  so  returned  by 
him,  to  be  paid  by  the  party  applying  for  each  license;  but  the 
failure  of  said  Sheriff  to  give  the  notice  herein  directed  shall 
not  excuse  any  neglect  to  obtain  a  license  as  required  by  the 
Public  General  Laws. 

702.  There  shall  be  entered  in  writing  by  the  Clerk  of  the 
Court  of  Common  Pleas  upon  the  face  of  all  licenses  obtained 
by  individuals,  firms  or  corporations  to  conduct  business  as 
trades  in  the  City  of  Baltimore,  the  name  of  the  street  and  num- 
ber of  the  house  or  building,  or  if  there  be  no  number,  a  full 
•designation  of  the  location  of  said  house  or  building  for  which 
a  license  is  applied  for;  and  each  license  shall  only  authorize 
the  transaction  of  business  in  one  house  or  building,  unless  the 
individual,  firm  or  corporation  shall  occupy  more  than  one  ad- 
joining houses  or  buildings,  and  said  houses  or  buildings  have 
open,  direct,  internal  communication  with  each  other;  in  that 
•case  one  license  will  cover  transactions  in  said  adjoining  houses 
or  buildings  so  arranged  and  occupied;  provided,  always,  that 
any  firm,  individual  or  corporation  may  obtain  any  number  of 
licenses  to  conduct  business  in  any  number  of  separate  places 
of  business  in  said  City,  upon  paying  for  each  license  a  sum 
graded  according  to  the  amount  of  stock  or  merchandise  gen- 
erally kept  on  hand  or  proposed  to  be  kept  on  hand  at  the  prin- 
cipal season  of  sale  in  said  respective  places  of  business,  accord- 
ing to  the  Code  of  Public  General  Laws,  Article  56,  sections 
37  to  49,  or  such  amendments  as  may  hereafter  be  added 
thereto. 

MARINERS   AND   CHARITABLE   MARINE  SOCIETY   OF   BALTIMORE. 

703.  Whenever  a  mariner  residing  in  or  sailing  to  or  from 
the  port  of  Baltimore  shall  depart  this  life  intestate,  and  leaving 
no  relations  within  the  fifth  degree,  to  be  reckoned  by  counting 
down  from  the  common  ancestor  to  the  more  remote,  the  whole 
surplus  estate  of  such  mariner,  after  paying  debts,  funeral  ex- 
penses and  cost  of  administration,  shall  devolve  on  and  become 
the  property  of  the  Charitable  Marine  Society  of  Baltimore. 


274 


MARKETS. 

7O4-  If  any  person  shall  buy,  or  cause  to  be  bought,  any- 
kind  of  vegetables,  dead  meat,  poultry,  butter,  cheese,  tallow,, 
eggs  or  fish,  in  any  of  the  markets  of  said  City,  or  within  ten 
miles  thereof,  with  an  intent  to  sell  the  same  again  in  such 
markets,  or  City,  or  within  two  miles  thereof,  he  shall  for  the 
first  offence  forfeit  the  article,  or  the  value  thereof;  for  the 
second  offence,  he  shall  forfeit  the  article  and  be  fined  four 
dollars,  and  for  every  other  offence  forfeit  fifteen  dollars,  to  be 
recovered  in  a  summary  way  before  a  justice  of  the  Peace;, 
provided,  that  the  purchasing  of  pork,  beef  and  fish,  by  the 
barrel  or  other  package,  butter  in  firkins,  or  other  packages 
not  less  than  fifty  pounds,  bacon  or  cheese  by  the  quantity,  by 
any  merchant  or  shop  keeper,  and  selling  the  same  again  in  his 
store  or  shop,  shall  not  be  deemed  or  taken  as  an  offence  against 
this  section. 

7O5.  Whenever  any  person  shall  be  found  exposing  for  sale  • 
any  of  the  articles  enumerated  in  the  preceding  section,  other- 
wise than  in  his  store  or  shop,  and  there  shall  be  good  cause  to 
suspect  they  have  been  purchased  contrary  to  the  provisions 
of  the  preceding  section,  it  shall  be  lawful  for  any  person  to 
apply  to  a  Justice  of  the  Peace  for  a  warrant  to  apprehend  tlie 
person  so  suspected,  and  the  Justice  shall  have  power  to  inquire 
into  the  offence;  and  if  the  person  suspected  be  convicted 
thereof,  or  if  he  cannot  make  it  appear  to  the  satisfaction  of  the 
Justice  that  he  raised  or  made  the  articles  offered  by  him  for 
sale,  or  is  disposing  of  them  on  account  of  the  person  who  raised 
or  made  them,  or  that  he  bought  the  same  ten  miles  or  up- 
wards from  the  City  of  Baltimore,  he  shall  be  deemed  to  be  an 
offender  against  the  provisions  of  the  preceding  section,  and 
the  fines  and  forfeitures  shall  be  recovered  in  a  summary  way 
before  the  said  Justice. 

796.  All  butter  sold  by  the  pound  in  the  said  markets  shall 
weigh  sixteen  ounces  avoirdupois  weight;  and  any  person 
bringing  butter  to  the  said  markets  and  offering  the  same  for 
sale,  of  less  weight  than  sixteen  ounces  avoirdupois,  shall  for- 
feit the  same,  and  it  shall  be  seized  and  taken  by  the  clerk  of 
the  market  and  sold  for  the  use  of  the  Citv. 


275 

7O7-  >To  charge,  tax  or  fees  shall  be  set,  rated  or  levied 
upon  any  person  or  the  property  of  any  person  who  shall  at- 
tend any  of  the  markets  of  said  City  with  any  articles  or  pro- 
duce from  the  country,  to  vend  in  said  markets,  of  his  own 
growth,  produce  or  manufacture,  or  as  the  agent  of  the  grower, 
producer  or  manufacturer  of  the  same,  unless  such  person  shall 
occupy  some  place  or  stand  in  some  of  said  market-houses; 
provided,  such  person  or  agent  be  not  a  resident  of  said  City. 

708.  if  any  clerk  of   the  market,  or  any  other  person  or 
officer  appointed  by  or  under  the  provisions  of  this  Article, 
shall  demand,  receive  or  collect  any  tax  or  other  charges  from 
any  person  attending  the  markets  of  said  City  as  provided  in 
the  preceding  section,  who  shall  be  standing  in  the  open  streets, 
and  who  does  not  occupy  any  place  or  stand  in  the  market, 
he  shall  be  liable  to  a  fine  of  twenty  dollars  for  each  offence,  to 
be  recovered  before  any  Justice  of  the  Peace  as  small  debts, 
one-half  to  the  informer  and  the  other  half  to  the  State. 

709.  The  City  may  agree  with  the  owners  of  any  land  or 
other  property   which   it   may   deem    expedient   to   purchase 
and  hold,  for  the  purpose  of  extending  any  market;  and  if  they 
cannot  agree,  or  if  there  be  an  incapacity  in  the  owners  to  con- 
tract in  relation  thereto,  or  if  such  owners  be  unknown  or  out  of 
the  State,  any  Justice  of  the  Peace  for  said  City,  on  application 
of  the  Mayor  and  City  Council  of  Baltimore,  may  issue  his  war- 
rant to  the  Sheriff  of  said  City,  commanding  him  to  summon 
from  the  said  City  a  jury  of  twenty  freeholders,  inhabitants  of 
said  City,  not  related  to  the  owners  or  persons  interested  in  the 
real  estate  or  other  property,  to  meet  on  the  premises  on  some 
certain  day  to  be  named  in  said  warrant,  of  which  said  warrant 
and  the  day  therein  named  for  the  meeting  of  the  jury,  five 
days'  notice  shall  be  given  previous  to  such  day  by  the  Mayor 
and  City  Council  of  Baltimore  to  every  owner  or  person  inter- 
ested, and  left  at  his  place  of  abode. 

710.  if  aily  infant  or  lunatic  or  feme  covert  be  the  owner 
in  whole  or  in  part  of  the  property  subject  to  be  condemned, 
the  notice  shall  be  given  to  his  or  her  guardian,  trustee,  com- 
mittee or  husband,  as  directed  in  the  preceding  section. 


276 

If  such  owner,  guardian,  trustee,  committee  or  hus- 
band, resides  out  of  the  State,  or  is  unknown,  such  notice  shall 
be  published  not  less  than  eight  weeks,  successively,  in  some 
one  or  more  of  the  daily  newspapers  of  said  City. 

712.  The  owner  of  such  property,  or  the  guardian,  trustee, 
committee  or  husband  of  the  owner  may,  from  the  list  of  jurors 
returned  by  the  Sheriff,  strike  four,  and  the  Mayor  and  City 
Council  of  Baltimore,  four,  so  that  the  number  of  jurors  may 
be  reduced  to  twelve ;  and  if  either  party  neglect  or  fail  to  strike 
off  the  names  of  jurors,  the  Sheriff  or  his  deputy  shall  strike 
for  the  party  so  failing  or  refusing. 

713.  The  Sheriff  or  his  deputy  shall,  before  the  said  jury 
proceed  to  act,  administer  to  each  of  the  jurors  an  oath  justly 
and  impartially  to  value  the  damages  which  the  owners  or  par- 
ties holding  an  interest  in  the  property  to  be  condemned  will 
sustain  by  the  use  and  occupation  thereof  by  the  Mayor  and 
City  Council  of  Baltimore. 

714.  The   jury   so   qualified  shall  inquire  into,  assess  and 
ascertain  the  sum  of  money  to  be  paid  by  the  Mayor  and  City 
Council  of  Baltimore  for  the  land  or  other  property  to  be  con- 
demned, having  regard  to  all  the  circumstances  of  damage  or 
benefit  to  result  to  such  owner  or  party  interested  therein. 

715.  The  jury  shall  reduce  their  inquisition  to  writing,  and 
shall  sign  and  seal  the  same,  and  it  shall  then  be  returned  by 
the  Sheriff  to  the  Clerk  of  the  Superior  Court  of  said  City,  and 
be  by  such  clerk  filed  in  his  office,  and  shall  be  confirmed  by 
said  court  at  its  next  session  if  no  sufficient  cause  to  the  con- 
trary be  shown,  and  when  confirmed  shall  be  recorded  by  the 
said  clerk  at  the  expense  of  the  Mayor  and  City  Council  of 
Baltimore. 

716.  if  said  inquisition  be  set  aside  by  the  said  court,  the 
court  shall  direct  another  inquisition  to  be  taken  in  the  manner 
hereinafter  directed. 

717.  Every   such   inquisition   shall   describe   the   property 
taken  or  the  bounds  of  the  land  condemned,  and  the  quantity 


277 

or  duration  of  the  interest  in  the  same  valued  to  the  Mayor  and 
City  Council  of  Baltimore;  and  such  valuation,  when  paid  or 
tendered  to  the  owner  of  said  property  or  his  legal  representa- 
tives, shall  entitle  the  Mayor  and  City  Council  of  Baltimore 
to  the  full,  legal  and  equitable  title,  interest  and  estate  of  the 
owners  of  said  property,  estate  and  interest  in  the  same  thus 
valued,  as  fully  as  it  had  been  held  by  the  owners  of  the  same  ; 
and  the  valuation,  if  not  received  when  tendered,  may  at  any 
time  thereafter  be  received  without  interest  by  the  said  owners, 
or  their  legal  representatives. 

718-  If  the  twenty  jurors  summoned  as  hereinbefore  di- 
rected shall  not  appear  at  the  time  and  place  mentioned,  the 
Sheriff  or  his  deputy  shall  forthwith  summon  other  freeholders 
of  the  City,  qualified  as  before  directed,  to  make  up  the  said 
jury  to  the  number  of  twelve. 


The  jurors  summoned  and  attending  shall  be  allowed 
one  dollar  per  day  for  their  services;  the  Sheriff  shall  be  allowed 
the  same  fees  as  for  summoning  jurors  to  the  Superior  Court, 
and  two  dollars  a  day  for  each  day  he  or  his  deputy  shall  attend 
upon  such  inquisition;  and  such  expenses  shall  be  paid  by  the 
Mayor  and  City  Council  of  Baltimore,  except  in  cases  of  objec- 
tion to  the  confirmation  of  the  inquisition,  when  the  costs  in 
said  court  may  be  awarded  in  the  discretion  of  the  court. 

MORTGAGES. 

72O.  in  all  cases  of  conveyances  of  lands  or  hereditaments 
or  of  chattels  real,  or  goods  and  chattels  personal,  situate  in  the 
said  City,  wherein  the  mortgagor  shall  declare  his  assent  to  the 
passing  of  a  decree  for  the  sale  of  the  same,  it  shall  be  lawful  for 
the  mortgagee  or  his  assigns  at  any  time  after  filing  the  same  to 
be  recorded,  to  submit  to  either  of  the  Circuit  Courts  of  Balti- 
more City  the  said  conveyances  or  copies  thereof,  under  seal 
of  the  Superior  Court;  and  the  Circuit  Court  to  which  the  same 
is  so  submitted,  may  thereupon  forthwith  decree  that  the  mort- 
gaged premises  shall  be  sold  at  any  one  of  the  periods  limited 
in  said  conveyances  for  the  forfeiture  of  said  mortgages  or  lim- 
ited for  a  default  of  the  mortgagors,  and  on  such  terms  of  sale 
as  to  the  said  court  may  seem  proper,  and  shall  appoint  by  said 


278 

decree  a  trustee  or  trustees  for  making  such  sale,  and  shall 
require  bond  and  security  for  the  performance  of  the  trust  as  is 
usual  in  cases  of  sales  of  mortgaged  premises. 

721.  The  trustee  or  trustees  so  appointed,  after  having 
given  bond  with  security,  may,  after  the  arrival  of  the  period 
limited  by  the  decree  for  a  sale,  sell,  agreeably  to  the  terms  of 
said  decree,  the  mortgaged  property  or  any  part  thereof;  the 
mortgagees,  their  executors,  administrators  or  assigns,  if  the 
mortgage  claim  shall  have  been  assigned  before  such  sale,  or 
their  duly  constituted  agent  or  attorney,  after  the  arrival  of  the 
period  aforesaid,  verifying  by  their  oath  a  statement  of  the 
amount  of  said  mortgage  claim  remaining  due,  before  the  Judge 
of  said  court  or  before  any  Justice  of  the  Peace  of  this  State, 
the  official  character  of  any  Justice  of  the  Peace  for  any  county 
being  certified  under  his  official  seal  by  the  Clerk  of  the  Circuit 
Court  for  the  county  where  the  affidavit  is  made,  where  the 
affidavit  is  made  outside  of  the  City  of  Baltimore,  or  before  any 
person  outside  of  this  State  authorized  to  take  acknowledg- 
ments of  deeds  ;  and  such  statement  shall  be  filed  in  said  court. 


Such  sales  and  the  conveyances  thereupon  shall  have 
the  same  effect,  if  finally  ratified  by  said  court,  as  if  the  same 
had  been  made  under  decrees  between  the  proper  parties  in 
relation  to  the  mortgages,  and  in  the  usual  course  of  said  court. 

723.  The  trustee  or  trustees  shall  report  the  sales  to  the 
court  for  its  consideration  and  ratification  or  rejection;  and 
such  orders  shall  pass  therein  touching  such  ratification  as  are 
usual  on  sales  of  mortgaged  property  in  said  court. 

724.  Any  allegations  may  be  made,  and  proof  under  the 
orders  of  the  said  court  exhibited,  and  a  trial  of  the  allegations 
had  as  the  court  shall  prescribe,  to  show  that  the  sales  ought 
not  to  have  been  made. 

725.  The  Said  court,  upon  being  satisfied  of  the  truth  of 
said  allegations,  shall  reject  and  set  aside  the  sale,  and  in  such 


279 

-case  no  part  of  the  costs  or  expenses  or  trustee's  commission,  if 

.any  such  commission  be  claimable,  in  relation  to  the  said  sales, 

shall  be  chargeable  upon  said  property,  or  the  mortgagors, 

their  heirs,  executors,  administrators  or  assigns,  but  shall  be 

•^wholly  chargeable  against  the  persons  at  whose  instance  or  for 

whose  benefit  the  said  sales  shall  have  been  proposed  to  be 

•made. 

726.  The  clerk  of  said  court  shall  file  and  record  the  said 
•decrees,  and  docket  the  cases  of  the  application  therefor;  and 

in  the  said  decree,  and  to  be  recorded  therewith,  shall  file  a  copy 
of  the  mortgage  upon  which  the  same  was  rendered,  and  shall 
>be  entitled  to  the  usual  fees  for  such  services. 

727.  Any  entry  on  the  docket  of  said  court  by  the  person 
entitled  to  assign  the  said  mortgage  claim,  of  the  use  and  ben- 

•efit  of  said  decrees,  shall  have  the  same  effect  as  assignments 
and  conveyances  of  the  said  mortgage  interests,  to  have  effect 
-and  precedence  from  the  time  of  their  respective  entries;  and 
ihe  said  entries  shall  not  be  made  without  an  order  or  direction 
in  writing,  to  be  acknowledged  before  the  Judge  of  said  court, 
or  a  Justice  of  the  Peace,  by  the  persons  purporting  to  sign  the 
same,  and  filed  and  recorded  by  said  clerk. 

728.  The  duly  authorized  entries  upon  the  docket  of  said 
•court,  of  the  satisfaction  of  said  decrees,  and  the  discharge  of 
said  mortgage  claims,  made  by  the  persons  entitled  to  receive 
said  claims,  shall  have  the  same  effect  to  discharge  the  mort- 
gaged property  of  said  mortgagor,  and  all  liens  thereunder,  as 
:any  conveyances  by  the  parties  interested  in  such  claims,  and 
the  holders  of  the  legal  estate  and  interest  therein,  if  competent 
to  convey,  could  have  at  law  or  in  equity;  but  such  entries  shall 
not  be  made  without  an  order  or  direction  in  writing,  acknowl- 
edged by  the  persons  purporting  to  have  signed  the  same,  be- 
fore the  Judge  of  said  court,  or  a  Justice  of  the  Peace,  and  filed 
"by  the  clerk  of  said  court;  and  the  entries  shall  refer  to  such 
•orders  or  directions,  and  the  names  of  the  persons  aforesaid; 


280 

and  said  order  and  directions  shall  be  recorded  in  said  court 
with  said  decrees.  t 

729.  The  said  court  may,  at  its   discretion,   from   time   to 
time,  appoint  any  other  trustee  or  trustees  in  place  of  those 
appointed  by  the  decree;  and  the  proceeds  of  such  sales  shalt 
be  accounted  for,  to,  and  distributed  by,  said  court,  in  the  man- 
ner usual  in  cases  of  sales  under  decrees  of  said  court. 

730.  Any  mortgagee  of  property  in  the  City  of  Baltimore, 
his  assignee  or  executor,  where  a  power  to  sell  is  contained  in 
the  mortgage,  may  proceed  under  Article  66  of  the  Public 
General  Laws,  title  "Mortgages,"  but  notices  of  sale  under  such 
power  shall  be  published  in  two  daily  newspapers  in  said  City 
for  the  period  required  by  law. 

731.  Where  a  default  of   the  mortgagors  has  taken  place 
before  the  said  conveyances  have  been  submitted  to  the  Circuit 
Court  of  Baltimore  City,  it  shall,  nevertheless,  be  the  duty  of 
said  court,  upon  the  submission  of  the  said  conveyances  to 
such  court,  after  the  said  default,  to  forthwith  decree  that  the 
mortgaged  premises  shall  be  sold  on  such. terms  of  sale  as  to> 
the  said  court  shall  seem  proper,  and  to  appoint  by  said  decree 
a  trustee  or  trustees  to  make  such  sale,  requiring  bond  and 
security  for  the  performance  of  the  trust,  as  is  usual  in  the  case 
of  the  sale  of  mortgaged  premises ;  and  the  said  trustee  or  trus- 
tees may  sell  the  same  agreeably  to  the  terms  of  the  said  decree ; 
but  before  each  sale  the  mortgagee  or  mortgagees,  or  some  of 
the  mortgagees,  or  the  executor  or  administrator  of  a  deceased 
mortgagee,  or  the  assignee  or  assignees  of  the  mortgagee,  or 
one  of  such  assignees,  or  the  executor,  or  administrator  of  a 
deceased  assignee,  shall  file  in  the  court  in  which  the  said  pro- 
ceedings are  pending,  a  statement  of  the  amount  of  the  said 
mortgage  claim  remaining  due,  verifying  the  same  by  the  oath 
or  affirmation  of  the  party  filing  the  same ;  and  the  said  affida- 
vit or  affirmation  may  be  made  before  any  of  the  persons  men- 
tioned in  section  721  of  this  Article,  and  the   same   shall   be 
authenticated  as  provided  for  in  section  721. 


281 

732.  The  provisions  of  sections  722-729,  inclusive,  of  this 
Article  shall  apply  to  all  the  proceedings  under  the  preceding 
section. 

NOTARIES   PUBLIC. 

733.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  and  commission  a  competent  number 
of  persons  of  known  good  character,  integrity  and  abilities, 
citizens  of  the  United  States,  and  who  have  resided  in  this  State 
two  years  previous  to  their  appointment  as  Notaries  Public  for 
the  State  of  Maryland,  to  reside  in  such  place  or  places  within 
this  State  as  the  Governor  shall  in  and  by  their  respective  com- 
missions designate;  but  there  shall  not  be  at  any  time  more  than 
twenty-six   Notaries   appointed   and  commissioned   to   reside 
within  the  City  of  Baltimore,  one  of  whom  shall  be  conversant 
with  the  German  language. 

734.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  is  hereby  authorized  to  appoint  four  Notaries  Pub- 
lic for  the  City  of  Baltimore  in  addition  to  those  provided  for 
in  the  preceding  section. 


OYSTERS. 

735.  All  oysters  in  the  shell  sold  in  the  City  of  Baltimore 
shall  be  measured  by  a  licensed  measurer;  any  person  may  ob- 
tain a  license  therefor  from  the  Clerk  of  the  Court  of  Common 
Pleas  by  paying  therefor  the  sum  of  ten  dollars  and  taking  an 
oath  before  said  clerk  for  the  faithful  performance  of  his  duty; 
said  license  shall  hold  good  for  one  year;  a  measurer  shall  re- 
ceive for  his  services  one-half  cent  per  bushel,  to  be  paid  equally 
by  the  buyer  and  seller;  any  person  violating  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  shall  be  fined  not  less  than  twenty  nor  more  than 
fifty  dollars  for  each  offence,  and  imprisoned  until  the  fine  and 
costs  shall  be  paid. 


282 


PARKS   AND   SQUARES. 

736.  The  Board  of  Park  Commissioners,  for  the  purpose 
specified  in  section  96  of  this  Article,  is  empowered  to  form 
a  zoological  collection  within  the  limits  of  any  of  the  parks  and 
squares  under  its  control. 

737.  The  said  Commissioners  are  authorized  to  receive  sub- 
scriptions of  money  for  the  purpose  of  said  collection  not  to 
•exceed  in  amount  one  hundred  thousand  dollars,  and  to  issue 
certificates  of  stock  therefor,  in  sums  of  not  less  than  one  hun- 
dred dollars,  each  bearing  interest  at  the  rate  of  six  per  cent., 
payable  half-yearly  out  of  the  income  derived  from  said  col- 
lection, which  certificates  shall  be  signed  by  a  member  of  said 
Commissioners  appointed  by  them  for  the  purpose,  and  the  sec- 
retary thereof,  and  have  attached  thereto  a  seal,  which  the  said 
•Commissioners  are  authorized  to  adopt  for  the  purpose. 

738.  in   addition    to    the   six   per  cent,  interest  aforesaid, 
•each  holder  of  a  certificate  shall  be  entitled  to  receive  for  every 
one  hundred  dollars  subscribed  by  him  or  her,  as  many  free 
•entrance  tickets  to  the  zoological  collection  as  the  said  Com- 
missioners may  deem  proper. 

739.  The  Mayor  and  City  Council  of  Baltimore  are  author- 
ized to  issue  bonds  or  certificates  of  indebtedness  of  said  corpo- 
ration to  an  amount  not  exceeding  one  hundred  thousand  dol- 
lars, to  be  applied  to  the  purchase  of  ground  for  and  the  estab- 
lishment of  a  park  in  that  portion  of  the  City  of  Baltimore  lying 
west  of  Poppleton  street  and  south  of  Franklin  street  in  said 
City;  which  said  bonds  or  certificates  of  indebtedness  shall  be 
payable  at  such  times  and  bear  such  rate  of  interest,  not  ex- 
ceeding three  and  one-half  per  centum  per  annum,  as  the  said 
Mayor  and  City  Council  shall  provide  by  ordinance ;  provided, 
that  the  said  bonds  or  certificates  of  indebtedness  shall  not  be 
issued  unless  the  ordinance  which  the  Mayor  and  City  Council 
of  Baltimore  are  authorized  to  enact  for  that  purpose  shall  be 


283^ 

approved  by  a  majority  of  the  votes  of  the  legal  voters  of  said 
City,  cast  at  the  time  and  places  to  be  designated  by  said  ordi- 
nance, in  the  provision  for  submitting  the  same  to  the  legal 
voters  of  said  City,  as  required  by  section  7,  Article  XI,  of  the 
Constitution  of  Maryland;  provided,  however,  that  the  said 
bonds  or  certificates  of  indebtedness  shall  not  be  sold  for  less 
than  par;  and  the  said  Mayor  and  City  Council  of  Baltimore 
are  authorized  to  provide  by  ordinance  for  the  laying  of  such 
an  annual  tax  as  shall  be  sufficient  to  pay  the  interest  on  said 
bonds  or  certificates  of  indebtedness,  and  provide  a  sinking 
fund  for  their  redemption  at  maturity. 


POLICE    COMMISSIONERS. 

Organisation  of  Force. 

74O.  There  shall  be  elected  by  the  joint  meeting  of  the  two 
houses  of  the  General  Assembly,  by  ballot,  three  sober  and 
discreet  persons,  who  shall  have  been  residents  in  the  City  of 
Baltimore  for  three  consecutive  years  next  preceding  the  day 
of  their  election,  who  shall  be  known  as  the  Board  of  Police 
Commissioners  for  the  City  of  Baltimore;  said  Commissioners 
shall  be  subject  to  removal  as  provided  in  this  sub-division  of 
this  Article;  one  of  said  Commissioners  shall  be  elected  and  ap- 
pointed for  two  years,  one  for  four  years,  and  one  for  six  years, 
who  shall  hold  office  until  their  respective  successors  are 
•elected,  or  appointed  and  qualified;  each  of  said  Commissioners 
shall  receive  a  salary  of  twenty-five  hundred  dollars  per  annum, 
payable  quarterly.  As  the  terms  of  office  shall  expire,  as  desig- 
nated above,  they  shall  be  filled  or  appointed  for  six  years  each. 
Before  entering  upon  the  duties  of  their  office  of  Commissioner, 
•each  member  thereof  shall  enter  into  bond  to  the  State  of 
Maryland,  with  one  or  more  sureties,  in  the  penalty  of  ten 
thousand  dollars,  conditioned  for  the  faithful  discharge  of  his 
•duties  as  such  Commissioner;  said  bond  to  be  approved  by  the 
Judge  of  the  Superior  Court  of  the  City  of  Baltimore,  to  be 
kept  and  recorded  by  the  clerk  of  the  said  court,  in  the  office 


284 

thereof,  together  with  the  certificate  of  appointment  as  afore- 
said; and  shall  also  take  and  subscribe  before  the  said  Judge  of 
the  Superior  Court,  or  the  clerk  thereof,  the  oath  or  affirmation 
prescribed  by  the  sixth  section  of  the  first  Article  of  the  Consti- 
tution; and  the  further  oath  or  affirmation,  that  in  everyappoint- 
ment  or  removal  to  be  made  by  them  to  or  from  the  police  force, 
created  and  to  be  organized  by  them  under  this  sub-division  of 
this  Article,  they  will  in  no  case,  and  under  no  pretext,  appoint 
or  remove  any  policeman  or  officer  of  police,  or  detective,  or 
any  other  person  under  them,  for  or  on  account  of  the  political 
opinions  of  such  policeman,  officer,  detective  or  other  person, 
or  for  any  other  cause  or  reason  than  the  fitness  or  unfitness  of 
such  person,  in  the  best  judgment  of  said  Commissioners,  for 
the  place  to  which  he  shall  be  appointed,  or  from  which  he  shall 
be  removed;  and  the  said  oath  or  affirmation  shall  be  recorded 
and  preserved  among  the  records  of  said  court. 

741.  The  Board  of  Police  Commissioners,  on  entering 
upon  their  duties  as  such,  shall  select  one  of  their  number  who 
shall  be  the  president,  and  one  of  their  number  who  shall  be 
the  treasurer  thereof;  and  in  case  a  vacancy  shall  happen  in  said 
Board  during  the  recess  of  the  General  Assembly,  it  shall  be 
filled  by  the  Governor  of  the  State,  which  appointment  shall 
continue  until  the  next  session  of  the  General  Assembly,  which 
shall  proceed  to  fill  said  vacancy;  and  the  General  Assembly 
shall  also,  in  like  manner,  elect  by  joint  ballot,  Commissioners 
to  succeed  those  whose  term  of  service  shall  expire — such  elec- 
tion to  be  had  at  the  regular  session  of  the  General  Assembly 
immediately  preceding  such  expiration — and  neither  of  said 
Commissioners  shall  be  eligible  to  an  elective  or  appointed 
office  during  the  term  for  which  he  has  been  elected,  except 
under  the  militia  laws  of  the  State ;  and  for  any  official  miscon- 
duct on  the  part  of  said  Commissioners,  the  General  Assembly, 
if  in  session,  shall  have  power  of  removal,  and  during  the  recess 
of  the  same,  the  Governor  shall  remove  any  of  said  Commis- 
sioners, on  conviction  for  any  felony  before  any  court  of  law, 
and  shall  appoint  a  successor  to  such  delinquent  Commissioner 


285 

so  removed,  to  serve  until  the  next  meeting  of  the  General 
Assembly. 

742.  The  Board  of  Police  Commissioners  shall  select  some 
suitable  person  to  act  as  secretary  to  the  Board,  whose  duty  it 
shall  be  to  keep  minutes  of  the  proceedings  of  the  Board,  take 
charge,  by  direction  of  the  Board,  of  all  property  seized  or 
found  by  the  police  or  detectives,  and  to  perform  all  clerical  and 
proper  duties  required  of  him  by  said  Board;  and  it  shall  fur- 
ther be  the  duty  of  said  secretary  to  prepare  forms  of  all  poll- 
books  and  election  returns,  warrants  of  arrest  and  commitments 
to  be  used  by  the  judges  of  election  for  all  elections  held  in  Bal- 
timore City,  to  superintend  carefully  the  printing  thereof,  and 
to  perform  all  other  clerical  duties  devolved  upon  said  Board 
by  law  in  connection  with  all  elections  held  in  said  City,  as  may 
be  required  of  him  by  said  Board ;  said  secretary  shall  enter  into 
bond  to  the  State  of  Maryland  in  the  same  manner  as  is  by  law 
prescribed  for  said  Commissioners,  in  the  sum  of  five  thousand 
dollars,  conditioned  for  the  faithful  discharge  of  his  duties  afore- 
said, and  the  safe  keeping  of  all  property  placed  in  his  hands  as 
aforesaid,  and  shall  receive  the  salary  of  two  thousand  dollars 
per  annum,  payable  monthly,  and  be  subject  to  removal  at  the 
pleasure  of  the  Board. 

743.  The  Board  of  Police  Commissioners  are  hereby  au- 
thorized to  employ  an  additional  officer,  to  be  known  as  assist- 
ant to  the  secretary  to  the  Board;  the  salary  of  said  assist- 
ant secretary  shall  be  twelve  hundred  dollars  per  annum,  pay- 
able monthly. 

744.  The  duties  of  the   Board  of  Police  Commissioners 
hereby  created  shall  be  as  follows:     They  shall  at  all  times  of 
the  day  and  night,  within  the  boundaries  of  the  City  of  Balti- 
more, as  well  on  the  water  as  on  the  land,  preserve  the  public 
peace,  prevent  crime  and  arrest  offenders,  protect  the  rights  of 
persons  and  property,  guard  the  public  health,  preserve  order 
at  primary  meetings  and  elections,  and  at  all  public  meetings 
and  conventions  and  on  all  public  occasions  and  places,  prevent 


286 

and  remove  nuisances  in  all  the  streets  and  highways,  waters 
and  water-courses,  and  all  other  places,  provide  a  proper  police 
force  at  every  fire  for  the  protection  of  firemen  and  property, 
protect  strangers,  emigrants  and  travelers  at  all  steamboat, 
ferry-boat  and  ship  landings  and  railway  stations,  see  that  all 
laws  relating  to  elections,  and  to  the  observance  of  Sunday,  and 
regarding  pawnbrokers,  gambling,  intemperance,  lotteries  and 
lottery  policies,  vagrants,  disorderly  persons  and  the  public 
health  are  enforced,  and  also  to  enforce  all  laws,  ordinances  of 
the  Mayor  and  City  Council  of  Baltimore,  not  inconsistent  with 
•the  provisions  of  this  sub-division  of  this  Article,  or  of  any  law 
of  the  State  which  may  be  properly  enforceable  by  a  police 
force;  and  in  case  the  said  Board  of  Police  Commissioners  shall 
have  reason  to  believe  that  any  person  within  the  limits  of  the 
City  of  Baltimore  intends  leaving  the  City  for  the  purpose  of 
committing  any  breach  of  the  peace,  or  of  violating  any  law  of 
the  State  beyond  the  limits  of  the  City,  upon  the  Chesapeake 
bay,  or  on  any  river,  creek,  inlet,  water-course,  or  at  any  other 
place  on  land  or  watej  within  the  State  of  Maryland,  it  shall  be 
the  duty  of  the  said  Board  of  Police  Commissioners  to  cause 
such  person  to  be  followed,  and  to  take  the  most  effectual  means 
for  the  suppression  and  prevention  of  such  outrage,  when  any 
such  shall  be  attempted,  and  to  cause  the  arrest  of  all  such 
offenders;  provided,  however,  that  if  any  crime  be  actually 
committed  by  such  person,  the  offender  shall  be  delivered  to 
the  proper  jurisdiction  for  trial  and  punishment;  any  person 
charged  with  the  commission  of  crime  in  the  City  of  Baltimore 
and  against  whom  criminal  process  shall  have  issued,  may  be 
arrested  upon  the  same  in  any  part  of  the  State  by  the  police 
force  created  under  this  sub-division  of  this  Article,  under  such 
rules  and  regulations  as  the  Board  of  Police  Commissioners 
may  adopt;  and  the  said  Board  shall  have  power  to  summon 
witnesses  before  it  and  to  administer  oaths  or  affirmations  to< 
such  witnesses  whenever,  in  the  judgment  of  the  said  Board, 
it  may  be  necessary  for  the  effectual  discharge  of  their  duties 
under  this  sub-division  of  this  Article;  and  any  person  failing 
to  appear  in  answer  to  said  summons,  or  refusing  to  testify, 
shall  be  subject  to  a  penalty  of  not  less  than  twenty-five  nor 


287 

more  than  fifty  dollars,  to  be  recovered  by  civil  action  in  the 
name  of  the  State,  to  the  use  of  the  said  Board,  or  by  indict- 
ment in  the  Criminal  Court  of  Baltimore;  false  swearing  on 
the  part  of  any  such  witness  shall  be  deemed  perjury,  and  shall 
-be  punished  as  such. 

745.  The  said  Board  of  Police  Commissioners  are  author- 
ized and  required,  immediately  on  entering  on  their  duties  of 
their  office,  to  appoint,  enroll  and  employ  a  permanent  police 
force  for  the  City  of  Baltimore,  which  they  shall  arm  and  equip- 
as  they  may  judge  necessary,  under  such  rules  and  regulations 
as  they  may  from  time  to  time  prescribe ;  and  the  said  Board 
shall  have  power  to  remove  any  police  officer  or  officers  of 
police,  or  any  detective,  for  the  violation  of  any  rule  or  regula- 
tion which  they  may  make  and  promulgate  to  said  police  force, 
officers  of  police,  or  any  detective ;  said  police  force  shall  consist 
of  one  Marshal  and  one  Deputy  Marshal  of  Police  of  the  City, 
and  one  Captain,  two  Lieutenants,  two  Round  Sergeants,  two 
Turnkeys  and  one  Clerk  at  each  station-house,  which  clerk 
shall  receive  a  salary  of  eighteen  dollars  per  week,  and  one 
Lieutenant  of  Mounted  Police,  who  shall  have  charge  of  the 
mounted  force,  with  the  rank  and  pay  of  a  Lieutenant  of  Police, 
and  such  number  of  Sergeants  as  said  Board  of  Police  in  their 
judgment  may  deem  necessary  for  each  police  district  in  said 
City,  and  seven 'hundred  men,  which  force  may  be  increased 
at  any  time,  if,  in  the  opinion  of  the  Board,  the  public  peace 
shall  require,  to  any  number  and  for  such  period  of  time  as  they 
may  think  proper,  by  the  appointment  of  special  policemen, 
who  shall  receive  the  sum  of  two  dollars  and  fifty  cents  per  day 
for  their  services.  The  pay  of  an  ordinary  policeman  shall 
be  eighteen  dollars  per  week,  payable  semi-monthly;  and  in 
case  the  Board  shall  appoint  detective  policemen,  and  they  are 
hereby  authorized  and  empowered  to  do  so,  if  they  shall  think 
fit,  to  the  number  of  twenty-five,  said  detectives  shall  receive 
the  sum  of  twenty-three  dollars  per  week  each,  payable  semi- 
monthly, and  shall  not  be  allowed  to  follow  any  business  or  pro- 
fession, but  shall  devote  their  time  to  the  discharge  of  their 
duties  as  detectives;  the  Board  shall  assign  one  detective  to  each 
police  district  station-house,  said  detective  to  be  under  the 
direction  of  the  commanding  officer  of  the  district  and  to  operate 


288 

from  said  station-house.  The  officers  of  police  shall  be  paid 
semi-monthly,  and  their  pay  shall  be  as  follows :  The  Marshal 
shall  receive  two  thousand  five  hundred  dollars  per  annum,  the 
Deputy  Marshal  shall  receive  two  thousand  dollars  per  annum, 
each  Captain  shall  receive  thirty  dollars  per  week,  each  Lieu- 
tenant twenty-five  dollars  per  week,  each  Round  Sergeant 
twenty-three  dollars  per  week,  each  Sergeant  twenty  dollars  per 
week,  and  each  Turnkey  eighteen  dollars  per  week.  The  pay 
herein  provided  for  police  officers,  policemen  and  detectives 
shall  continue  in  force  until  a  change  shall  be  made  by  law. 
They  are  authorized  and  empowered  to  appoint  thirty-five  addi- 
tional officers,  who  shall  be  known  as  probation  officers,  who 
shall  hold  their  places  without  a  commission  until  vacancies  shall 
occur  in  the  regular  force,  the  pay  of  said  officers  so  appointed 
as  aforesaid  shall  be  twelve  dollars  per  week,  to  be  paid  at  the 
same  time  and  in  the  same  manner  as  the  other  officers  of  said 
police  force  are  paid.  Provided,  however,  that  nothing  herein 
•contained  shall  be  construed  as  in  any  manner  changing  or  alter- 
ing the  method  of  making  appointments  to,  promotions  in  or 
removals  from  the  police  force,  as  prescribed  by  Chapter  16,  of 
the  Acts  of  the  General  Assembly  of  1900,  but  said  police  force 
shall  be  regulated  and  managed  in  all  respects  in  accordance 
with  said  Chapter  16,  of  said  Acts  of  Assembly  of  1900.  And 
provided,  farther,  that  nothing  herein  contained  shall  be  con- 
strued to  legislate  out  of  office  any  police  officer,  detective,  or 
officer  of  police  now  on  the  force,  or  any  employee  of  the  Board 
of  Police  Commissioners 

746.  They  are  authorized,  empowered  and  directed  to  select 
some  suitable  person  to  act  as  clerk  to  the  Marshal  of  Police  for 
said  City,  at  a  salary  of  twenty-five  dollars  per  week,  payable 
semi-monthly;  and  the  said  clerk,  before  entering  upon  the 
duties  of  his  office,  shall  enter  into  bond  to  the  State  of  Mary- 
land in  the  penalty  of  two  thousand  dollars,  conditioned  for  the 
faithful  discharge  of  his  duties  as  such  clerk,  the  said  bond  to 
be  approved  by  them. 


289 


It  shall  be  their  duty  to  estimate  annually  what  sum 
of  money  will  be  necessary  for  each  current  fiscal  year  to  enable 
them  to  discharge  the  duty  imposed  on  them,  and  they  shall 
forthwith  certify  the  same  to  the  Mayor  and  City  Council  of 
Baltimore,  who  are  required,  without  delay,  specifically  to 
•assess  and  levy  such  amount  as  shall  be  sufficient  to  raise  the 
same  clear  of  all  expenses  and  discounts  upon  all  the  assessable 
property  in  the  City  of  Baltimore,  and  to  cause  the  same  to  be 
collected  as  all  other  City  taxes;  and  it  is  made  the  duty  of  the 
City  Collector  of  Baltimore,  and  he  is  required  to  collect 
said  tax,  to  be  denominated  the  police  tax;  and  the  said  Board 
of  Police  Commissioners,  upon  and  after  qualifying  as  such, 
are  authorized  to  make  requisitions  from  time  to  time  upon  the 
Comptroller  of  the  City  of  Baltimore,  or  other  proper  dis- 
bursing officer  of  the  corporation,  for  such  sums  of  money  as 
they  may  from  time  to  time  deem  necessary  for  the  purpose 
of  carrying  out  the  objects  and  intentions  of  this  sub-division  of 
this  Article;  provided,  the  same  shall  not  exceed  in  any  one 
year  the  amount  so  as  aforesaid  certified,  or  which  may  there- 
after be  certified  for  that  year,  to  the  Mayor  and  City  Council 
•of  Baltimore  aforesaid;  and  in  case  the  said  disbursing  officer 
shall  not  forthwith  pay  over  the  amount  of  each  requisi- 
tion as  made,  it  shall  be  the  duty  of  the  said  Board,  and  they 
.are  authorized  and  required  to  issue  certificates  of  indebtedness, 
in  the  name  of  the  Mayor  and  City  Council  of  Baltimore,  in 
such  sum  as  they  may  deem  advisable  for  the  amount  of  such 
requisitions,  respectively,  bearing  interest  at  six  per  cent,  per 
annum,  payable  at  not  more  than  twelve  months  after  date, 
.and  signed  by  a  majority  of  said  Board,  and  to  raise  the  money 
on  said  certificates  by  pledging  or  disposing  of  the  same;  which 
certificates  shall  be  receivable  at  par  in  payment  of  City 
taxes,  and  be  as  binding  on  said  corporation  and  as  recov- 
erable against  it  as  if  the  Mayor  and  City  Council  of  Balti- 
more had  themselves  issued  the  same;  and  the  Mayor  and  City 
Council  of  Baltimore  shall  have  no  power  or  authority  to  levy 
or  collect  any  tax  or  appropriate  any  money  for  the  payment  of 
any  police  force  other  than  that  organized  and  employed  under 
this  sub-division  of  this  Article;  and  no  officer  or  other  em- 


290 

pioyee  of  the  said  Mayor  and  City  Council  of  Baltimore  shall. 
disburse  any  money  therefor;  and  the  power  of  said  Mayor  and 
City  Council  to  levy  and  collect  taxes  and  appropriate  and  dis- 
burse money  for  the  payment  of  the  police  force  organized  and 
employed  under  this  sub-division  of  this  Article  shall  be  exer- 
cised as  herein  directed,  and  not  otherwise;  and  in  case  the 
amount  so  as  aforesaid  to  be  estimated  by  the  said  Board  shall 
from  any  cause  prove  insufficient  for  the  necessary  expenses 
ror  the  current  year,  the  said  Board  is  authorized  and  empow- 
ered to  issue  certificates  and  raise  money  therefrom,  as  herein- 
before provided,  to  meet  the  said  exigency;  provided,  however,. 
that  no  additional  issue  shall  exceed  the  sum  of  fifty  thousand 
dollars  in  any  one  year,  and  that  the  amount  thereof  shall  be 
added  to  the  estimate,  assessment  and  levy  for  the  year  next 
ensuing,  and  that  said  certificates  shall  not  be  made  payable  at 
an  earlier  day  than  twelve  months  from  the  date  of  their  issue,. 
but  may  be  receivable  in  payment  of  City  taxes  at  any  time 
they  may  be  so  presented. 


it  shall  be  the  duty  of  the  Sheriff  of  Baltimore  City, 
whenever  called  on  for  that  purpose  by  said  Board,  to  act  under 
their  control  for  the  preservation  of  the  public  peace  and  quiet, 
and  if  ordered  by  them  to  so  do,  he  shall  summon  the  posse 
comitatus  for  that  purpose,  and  hold  and  employ  such  posse,. 
subject  to  their  discretion  in  case  the  said  Board  shall  deem  it 
necessary;  they  shall  call  out  such  military  force,  lawfully  or- 
ganized or  existing  in  said  City,  as  they  may  see  fit,  to  aid  them 
in  preventing  threatened  disorder  or  opposition  to  the  laws,  or 
in  suppressing  insurrection,  riot  or  disorder  on  election  days, 
and  at  all  other  times;  and  it  shall  be  the  duty  of  said  military 
force  so  called  out,  to  obey  such  orders  as  may  be  given  them 
by  said  Board;  whenever  the  exigency  or  circumstances  may, 
in  their  judgment,  warrant  it,  the  said  Board  shall  have  the 
power  to  assume  the  control  and  command  of  all  conservators 
of  the  peace  in  the  City  of  Baltimore,  whether  sheriffs,  consta- 
bles, police  or  others,  and  they  shall  act  under  the  orders  of  the 
said  Board,  and  not  otherwise;  and  in  case  of  the  refusal  of  the 
said  sheriff,  or  any  policeman,  constable,  or  other  peace  officer 
or  persons,  to  obey  any  lawful  command  of  said  Board  under- 


291 

the  provisions  of  this  section,  they  shall,  respectively,  be  guilty 
of  a  misdemeanor  and  punishable  as  in  such  cases  made  and 
provided;  and  any  officer  of  any  military  force  in  the  City  of 
Baltimore,  organized  under  any  law  now  existing,  or  which 
may  hereafter  be  enacted  by  the  General  Assembly  of  this  State, 
who,  upon  being  called  on  by  the  said  Board  as  aforesaid,  shall 
refuse  or  wilfully  fail  to  call  out  the  force  under  his  command, 
or  to  obey  the  orders  of  the  said  Board,  or  to  enforce  by  all 
lawful  means  the  performance  of  the  duties  to  said  force  as- 
signed; and  any  inferior  officer  or  private  who  shall  refuse  or 
wilfully  fail  to  obey  the  orders  of  his  superior  officer  in  such  be- 
half, shall  be  guilty  of  a  misdemeanor,  and  punishable  as  in 
such  cases  made  and  provided. 

749.  Whenever  a  vacancy  shall  take  place  in  any  grade  of 
officers  (except  the  marshal  and  deputy  marshal),  it  shall  be 
filled  from  the  next  lowest  grade,  if  competent  men  can  be 
found  therein ;  the  Board  of  Police  Commissioners  are  author- 
ized to  make  all  such  rules  and  regulations,  not  inconsistent 
with  this  sub-division  of  this  Article,  as  they  may  judge  neces- 
sary for  the  appointment  and  employment,  uniforming,  disci- 
pline, trial  and  government  of  the  police  and  detectives,  and 
for  the  relief  and  compensation  of  the  members  of  the  police 
injured  in  person  and  property  in  the  discharge  of  their  duty, 
and  the  families  of  men  or  officers  killed  while  in  its  perform- 
ance; provided,  that  the  allowance  in  any  one  instance  shall  not 
exceed  twelve  months'  pay;  the  said  Board  shall  have  power  to 
require  of  any  policeman,  officer  of  police  or  detective,  bond 
with  sureties,  when  they  may  consider  it  demanded  by  the 
public  interest;  all  lawful  rules  and  regulations  of  the  Board 
shall  be  obeyed  by  the  policemen,  officers  of  police  and  detec- 
tives, on  pain  of  dismissal  or  such  lighter  punishment  as  may 
be  prescribed  by  the  said  Board;  and  the  said  Board  shall  have 
power  to  suspend  from  duty,  fine  or  forfeit  the  pay  of  any  offi- 
cer or  policeman,  or  suspend  any  rule  or  regulation  made  and 
adopted  by  them. 

750.  Xo  officer  of  police,  policeman  or  detective  shall  be 
allowed  to  receive  any  money  as  a  gratuity  or  extra  compensa- 


292 

tion  for  any  services  he  may  render,  without  the  consent  of 
the  said  Board;  and  all  such  moneys  as  any  officer  of  police, 
policeman  and  detective  may  be  so  permitted  to  receive  shall 
be  paid  over  to  the  said  Board,  and  together  with  the  proceeds 
of  all  fines,  forfeitures,  penalties  and  unclaimed  property  which 
may  come  into  the  possession  of  the  said  Board,  or  be  recovered 
by  them  under  the  provisions  of  this  sub-division  of  this  Ar- 
ticle, or  any  other  law,  shall  form  a  fund  which  the  Board  may 
apply  towards  the  allowances  of  officers  of  police,  policemen 
and  detectives  and  their  families,  as  hereinbefore  authorized, 
and  for  extra  pay  to  such  members  of  the  force  as  by  gallantry 
and  good  conduct  on  extraordinary  occasions  they  may  be 
judged  to  merit;  and  any  officer  of  police,  policeman  or  detec- 
tive who  shall  directly  or  indirectly,  in  violation  of  this  section, 
receive  any  moneys  as  a  gratuity  or  extra  compensation,  and 
shall  fail  to  deliver  the  same  to  the  Board  for  the  purposes  here- 
inbefore provided,  and  shall  apply  the  same  to  his  own  use, 
shall  be  forthwith  dismissed,  and  be  forever  after  ineligible  to 
any  position  in  the  force. 

751.  The  Board  of  Police  Commissioners  shall  cause  to  be 
kept  by  their  secretary,  a  full  report  of  their  proceedings,  and 
also  cause  all  their  receipts  and  disbursements  of  money  to  be 
faithfully  entered  in  books  to  be  provided  for  that  purpose;  and 
said  books,  journals  and  all  other  documents  in  the  possession 
of  said  Board,  shall  always  be  open  to  inspection  by  the  Gen- 
eral Assembly,  or  any  committee  appointed  by  it  for  that  pur- 
pose; and  it  shall  be  the  duty  of  the  said  Board  to  report  to  the 
General  Assembly  at  each  regular  session,  or  as  may  hereafter 
be  directed  by  said  General  Assembly,  the  number  and  expense 
of  the  police  force  employed  by  them  under  this  sub-division  of 
this  Article,  and  all  such  other  matters  as  may  be  of  public 
interest  in  connection  with  the  duties  assigned  to  them;  and 
said  books,  journals  and  other  documents,  and  the  vouchers 
for  all  payments  by  said  Board  of  Police  Commissioners  shall 
at  all  times  be  open  to  the  inspection  of  the  Mayor  and  City 
Register,  or  either  of  them;  and  it  shall  be  the  duty  of  the 
Comptroller  of  the  City  of  Baltimore  to  examine  all  bills  and 
accounts  presented  by  said  Board  of  Police  Commissioners 
and  the  vouchers  therefor. 


293 

752.  The  treasurer  of  the  Board  of  Police  Commissioners, 
before  entering  upon  the  duties  of  his  office  as  such  treasurer, 
shall,  in  addition  to  the  bond  given  as  Commissioner,  enter  into 
bond  to  the  State  of  Maryland,  with  one  or  more  sureties,  in 
the  penalty  of  ten  thousand  dollars,  conditioned  for  the  faithful 
discharge  of  the  duties  imposed  upon  him  as  treasurer,  and  the 
faithful  application  and  payment  over,  pursuant  to  the  order 
and  direction  of  the  said  Board,  of  all  moneys  which  may  come 
into  his  hands  as  such  treasurer;  and  shall,  every  six  months, 
on  the  first  day  of  January  and  July,  in  each  and  every  year 
during  his  continuance  in  office,  render  to  his  associates  in  said 
Board,  a  true  and  faithful  account  of  the  receipts  and  disburse- 
ments of  all  moneys  received  and  disbursed  by  him  by  order  of 
the  said  Board,  with  the  vouchers  thereof  during  said  period, 
which  accounts  shall  be  verified  by  the  affidavit  of  said  treas- 
urer; and  the  said  Board  shall  thereupon  examine  said  account, 
and  if  they  find  the  same  to  be  correct,  they  shall  certify  said 
account,  and  forward  the  same  to  the  Governor  of  the  State,  to 
be  filed  in  the  office  of  the  Secretary  of  State;  the  said  Board 
shall  retain  a  copy  thereof,  with  their  certificate  attached,  to  be 
filed  among  the  papers  of  their  office. 

753.  The  said  Board  of  Police  Commissioners  are  author- 
ized and  empowered,  whenever  in  their  judgment  the  public 
peace  and  tranquility  may  require,  to  order  the  closing  tempo- 
rarily, of  any  and  all  bar  rooms,  bars,  drinking  houses  and 
liquor  shops,  and  all  other  places  where  liquor  is  usually  sold  in 
the  City  of  Baltimore,  and  forbid  the  selling  and  furnishing  of 
liquor  thereat;  and  any  proprietor  or  keeper,  or  any  other 
person   for   such   proprietor   or   keeper,   of  any   such   drink- 
ing house,  place  or  places,  as  well  as  all  other  places  where 
liquor  is  usually  sold,  who  shall  refuse  or  fail  to  obey^such 
order  of  said  Board  of  Police  Commissioners  passed  in  pur- 
suance thereof,  or  who  shall  sell  or  furnish  liquor  from  any 
such  place  or  places,  during  such  period  as  said  Board  shall  so 
forbid,  shall  be  guilty  of  a  misdemeanor;  and  it  shall  be  the  duty 
of  each  and  every  officer  of  police,  policeman  and  detective,  who 
may  be  cognizant  of  any  violation  of  this  section,  to  report  the 


294 

same  to  the  Grand  Jury  of  the  City  of  Baltimore,  if  in  session, 
and  if  not  in  session,  then  to  the  next  Grand  Jury  that  may  be 
summoned  for  said  City ;  and  every  officer  of  police,  policeman 
and  detective  who  shall  wilfully  fail  to  make  such  report  shall 
be  forthwith  dismissed  from  his  position,  and  shall  be  forever 
after  ineligible  to  any  position  in  the  police. 

754.  They  are  authorized  and  empowered  to  take  posses- 
sion of  all  property  heretofore  by  law  assigned  to  the  former 
Board  of  Police,  and  to  have  and  use  a  common  seal ;  they  may 
divide  the  City  into  such  number  of  police  districts  as  they  may 
think  necessary  for  the  public  good;  and  if  found  practicable, 
in  addition  to  the  station-houses  and  property  attached  thereto, 
which  they  are  authorized  and  empowered  to  take  possession  of 
and  use,  they  may  provide  additional  station-houses,  with  all 
necessary  appurtenances,  as  may  be  found  needful  and  neces- 
sary, and  such  accommodations  as  may  be  requisite  for  the 
police  force ;  said  Board  shall  also  have  the  use  of  the  fire-alarm 
and  police  telegraph  in  the  City  of  Baltimore,  and  of  all  station- 
houses,  watch-boxes,  arms,  accoutrements  and  other  accom- 
modations and  property  provided  by  the  City  of  Baltimore  for 
the  use  and  service  of  the  police  heretofore  created  by  any  act 
of  the  corporation  of  said  City,  as  fully  and  to  the  same  extent 
as  if  the  same  had  been  provided  for  the  use  of  the  Board  cre- 
ated by  this  sub-division  of  this  Article. 

% 

755.  It   shall  be  the   duty   of  every  officer  of  police,  and 
every  policeman  and  detective,  to  report  to  the  Board,  and  de- 
liver to  them  all  property  seized  or  found  by  said  officer  of 
police,  policeman  or  detective,  immediately  after  the  same  shall 
have  come  into  their  possession,  which  property,  with  the  date 
of  delivery  and  description  of  the  same,  and  the  name  of  the 
officer,  policeman  or  detective  depositing  the  same,  shall  be 
entered  in  a  book  by  the  secretary,  to  be  provided  for  that  pur- 
pose ;  said  secretary  shall  have  the  custody  of  all  such  property, 
and  shall  be  held  responsible  for  the  safe  delivery  of  the  same 
to  the  claimants,  when  ordered  to  do  so  in  writing  by  the  said 
Board,  which  order  shall  be  his  voucher:  and  any  officer,  police- 


295 

anan  or  detective  who  shall  fail  or  refuse  for  a  period  of  twenty- 
four  hours  to  deposit  all  such  property  as  aforesaid,  shall  be 
subject  to  removal  by  the  said  Board;  and  every  officer,  police- 
man or  detective  who  shall  wilfully  refuse  to  return  all  such 
property  as  aforesaid,  or  shall  return  the  same  to  any  claimant, 
shall  be  forthwith  dismissed  from  office. 

756.  in  addition  to  the  sums  of  money  now  authorized  by 
law  to  be  paid  out  of  the  fund  so  as  above  constituted  and  desig- 
nated, the  said  Board  of  Police  Commissioners  are  empowered, 
•whenever  in  their  opinion  the  efficiency  of  the  service  may 
require  it,  to  retire  any  officer  of  police,  policeman,  detective, 
•  clerk  or  turnkey  appointed  by  them,  and  pay  him  in  monthly 
instalments  out  of  said  fund  for  life  a  sum  of  money  not  to 
•exceed  one-half  of  the  amount  of  money  monthly  paid  to  him  as 
such  officer  of  police,  policeman,  detective,  clerk  or  turnkey  at 
the  time  of  his  said  retirement.  Provided,  however,  he  shall 
'have  served  faithfully  not  less  than  sixteen  years  as  such  officer 
of  police,  policeman,  detective,  clerk  or  turnkey  or  shall  have 
been  permanently  disabled,  in  the  discharge  of  his  duty  as  such 
^officer  of  police,  policeman,  detective,  clerk  or  turnkey,  and  the 
said  Board  shall  in  all  cases,  before  making  such  retirement 
procure  and  file  among  their  records  a  certificate  of  a  compe- 
tent and  reputable  physician  that  the  person  proposed  to  -be 
retired  has  been  thoroughly  examined  by  him,  and  that  he  is 
incapable  of  performing  active  police  duty,  and  it  shall  be  the 
•duty  of  a*ny  such  officer  of  police,  policeman  or  detective  so 
retired  to  perform  such  police  duties  and  at  such  times  as  the 
Board  of  Police  Commissioners  shall  deem  proper,  said  term 
-of  service  not  to  exceed  seven  days  during  any  year,  and  for 
such  services  no  extra  compensation  shall  be  allowed  by  said 
Board,  and  the  said  Board  shall  have  power  in  their  discretion 
to  suspend  payment  to  any  such  officer  of  police,  policeman  or 
detective  for  a  term  not  to  exceed  three  months  for  the  first 
-offense,  for  the  second  offense  a  term  not  to  exceed  six  months, 
and  for  the  third  offense  shall  be  subject  to  dismissal  upon 
proof  given  that  the  said  officer  of  police,  policeman  or  detective 
is  living  an  improper  or  immoral  life.  Said  Board  shall  have 
power  to  suspend  said  payment  to  such  clerk  or  turnkey  if  in 
their  judgment  after  trial  said  clerk  or  turnkey  is  living  an 


296 

improper  or  immoral  life,  such  a  suspension  to  continue  as  long 
as  such  a  life,  in  the  opinion  of  the  said  Board,  is  pursued  by 
said  clerk  or  turnkey ;  provided,  however,  that  the  provisions  of 
this  Section  shall  not  apply  to  any  clerk  appointed  by  said 
Hoard  of  Police  Commissioners  who  has  not  immediately  prior 
to  his  appointment  served  in  some  capacity  whereby  he  has  been 
required  to  perform  police  duty. 

757.  ]\T0  Marshal  of  Police,  or  any  of  the  captains  of  any  of 
the  districts  or  station-houses,  or  any  one  acting  for  or  under 
them,  or  any  of  them,  shall  release  any  persons  committed  or 
confined  in  any  of  the  station-houses  for  any  felony  or  misde- 
meanor, but  all  such  persons  shall  be  released  only  on  the  order 
of  the  committing  Justice,  the  Judge  of  the  Criminal  Court,  or 
one  of  the  members  of  the  Board,  or  other  lawful  process. 

758.  The  said  Board  of  Police  Commissioners  are  required, 
on  the  requisition  of  the  Board  of  Park  Commissioners,   to 
detail  from  time  to  time  such  number  of  the  regular  police  force 
of  said  City  as  the  said  Board  may  deem  necessary  for  the 
preservation  of  order  within  any  parks  under  their  control,, 
which  detailed  force  shall  have  the  same  power  in  the  premises 
that  the  police  force  of  the  City  have,  as  conservators  of  the- 
peace. 

759.  Nothing  in  this  sub-division  of  this  Article  shall  be  sc» 
construed  as  to  destroy  or  diminish  the  liability  or  responsi- 
bility of  the  Mayor  and  City  Council  of  Baltimore  for  any  fail- 
ure to  discharge  the  duties  and  obligations  of  said  Mayor  and' 
City  Council  of  Baltimore,  or  any  of  them,  or  give  the  said' 
Mayor  and  Council  of  Baltimore  any  control  over  said  Board, 
or   any   officer   of   police,    policeman   or   detective   appointed; 
thereby. 

760.  All  persons  arrested  in  the  daytime  under  the  provis- 
ions of  this  sub-division  of  this  Article  shall  be  taken  by  t he- 
officer  making  the  arrest  immediately  before  the  nearest  Police- 
Justice  for  examination,  except  that  all  females  and  male  chil- 
dren   under   fourteen  years    of    age  who  may  be  arrested  or 
taken  into  custody  shall  be  taken  before  the  nearest  Police- 


297 

Justice  for  examination  when  there  shall  be  matrons  at  the 
station-house  as  hereinafter  provided. 

761.  Whenever  any  person  shall  be  arrested  in  the  City  of 
Baltimore,  charged  with  any  crime  or  misdemeanor,  or  for  be- 
ing drunk  or  disorderly,  or  for  any  breach  of  the  peace,  and 
shall  be  taken  before  any  of  the  Police  Justices  of  the  Peace  of 
the  said  City,  and  any  such  person  shall  be  found  to  have  con- 
cealed about   his  person  any   pistol,   dirk-knife,  bowie-knife, 
sling-shot,  billy,  brass,  iron,  or  any  other  metal  knuckles,  razor, 
or  any  other  deadly  weapon  whatsoever,  such  person  shall  be 
subject  to  a  fine  of  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars,  in  the  discretion  of  the  Police  Justice  of  the 
Peace  before  whom  such  person  may  be  taken,  and  the  confis- 
cation of  the  weapon  so  found,  which  said  fine  shall  be  collected 
as  other  fines  are  now  collected;  provided,  however,  that  the 
provisions  of  this  section  shall  not  apply  to  those  persons  who, 
as  conservators  of  the  peace,  are  entitled  or  required  to  carry 
a  pistol  or  other  weapon  as  a  part  of  their  official  equipment. 

762.  Every  person  in  said  City  of  Baltimore  not  being  a 
conservator  of  the  peace,  entitled  or  required  to  carry  such 
weapons  as  a  part  of  his  official  equipment,  who  shall  wear  or 
carry  any  pistol,  dirk-knife,  bowie-knife,  sling-shot,  billy,  sand- 
club,  metal  knuckles,  razor  or  any  other  dangerous  or  deadly 
weapon  of  any  kind  whatsoever  (pen-knives  excepted),  con- 
cealed upon  or  about  his  person;  and  every  person  who  shall 
carry  or  wear  such  weapons  openly,  with  the  intent  or  purpose 
of  injuring  any  person,  shall,  upon  conviction  thereof,  be  fined 
not  more  than  five  hundred  dollars,  and  be  imprisoned  not  more 
than  six  months  in  jail  or  in  the  House  of  Correction;  that  this 
section  shall  not  release  or  discharge  any  person  or  persons 
already  offending  against  the  general  law  in  such  cases  made 
and  provided,  but  any  such  person  or  persons  may  be  pro- 
ceeded against,  prosecuted  and  punished  under  the  general  law 
of  this  State  as  if  this  Article  had  not  been  passed. 

763.  The  said  Board  of  Police  Commissioners  are  author- 
ized, empowered  and  directed  to  grant  leave  of  absence  with 
pay  for  a  period  of  twenty  days  in  each  consecutive  year  of 


298 

service  to  each  of  the  officers  of  police,  policemen  and  detectives 
•of  the  regular  force  employed  by  the  said  Board ;  nor  shall  any 
•enforced  absence  with  leave  on  account  of  sickness  or  death  be 
-deducted  from  the  pay  of  any  such  officer  of  police,  policeman 
or  detective,  or  from  the  twenty  days'  leave  as  herein  provided 
for. 

764.  The  Board  of  Police  Commissioners  are  hereby  au- 
thorized and  empowered  to  appoint  and  employ,  in  addition  to 
the  number  now  authorized  by  law,  fifteen  additional  proba- 
tion officers,  said  officers  so  appointed  to  hold  their  places  and 
receive  their  pay  under  the  provisions  of  law  now  in  force  and 
•applicable  to  probation  officers. 


Matrons  at  Station-Houses. 

765.  The   Board   of   Police   Commissioners   of   Baltimore 
shall  appoint  two  suitable  women  as  matrons  at  four  of  the 
station-houses  in  said  City,  and  may,  in  their  discretion,  appoint 
one  or  two  suitable  women  as  matrons  at  the  other  station- 
houses  in  said  City,  one  for  day  and  the  other  for  night  service, 
and  shall  provide  a  furnished  room  at  each  of  said  station- 
houses  for  them. 

766.  ]\TO  woman  shall  be  appointed  as  a  matron  aforesaid 
by  the  said  Board  unless  she  shall  be  recommended  to  said 
Board  within  three  months  preceding  her  appointment,  by  at 
least  twenty  women  in  good  standing  in  said  City,  in  writing, 
as  a  suitable  person  for  the  position ;  and  the  said  matrons  shall 
be  appointed  to  serve  for  four  years,  subject  to  removal  for 
cause,  after  a  hearing  by  the  said  Board,  which  is  hereby  vested 
with  jurisdiction  in  the  premises. 

767.  The  duties  of  each  matron  shall  be  to  give  such  care 
and  advice  and  to  perform  such  other  police  duties  as  may  be 
requisite  and  proper  to  the  female  persons,  male  children  under 
fourteen  years  of  age  and  refugees  in  the  station-house  for 
which  said  matron  shall  have  been  appointed. 


299 

768.  Each  of  said  matrons  shall  receive  a  salary  of  ten  dol- 
lars a  week,  to  be  paid  by  the  Mayor  and  City  Council  of  Balti- 
more, and  it  shall  be  included  in  the  annual  estimate  of  expenses 
by  said  Board;  certified  to  the  Mayor  and   City  Council  of 
Baltimore. 

Militia. 

769.  Whenever  the  Board  of  Police  Commissioners  for  the 
City  of  Baltimore,  or  the  Sheriff  of  any  county,  shall  call  out 
any  portion  of  the  militia  to  aid  in  preventing  threatened  dis- 
order or  opposition  to  the  laws,  or  in  suppressing  riot  or  dis- 
order on  election  days,  or  at  any  other  times,  said  military  force 
shall  be  deemed  to  be  on  detached  service  while  under  the 
orders  of  the  said  Board  or  Sheriff ;  and  the  commanding  officer 
thereof  shall  not  be  subject  to  the  orders  of  any  superior  officer 
whatsoever,  except  the  commander-in-chief. 

Patrol  Wagons. 

770.  The  said  Board  of  Police  Commissioners  are  author- 
ized and  directed  to  construct,  equip  and  maintain  a  telephone 
alarm  and  patrol  wagon  service,  with  all  necessaries,  appliances 
and  laborers ;  provided,  however,  the  expenditures  therefor  will 
not  impair  the  special  fund  mentioned  in  sections  576  and  777 
of  this  Article  so  as  to  prevent  its  sufficient  application  to  the 
purposes  provided  for  in  said  sections. 

Physicians  to  the  Police  Force. 

771.  They  are  authorized  to  appoint  and  commission,  an- 
nually, three  physicians  of  integrity  and  capacity,  residents  of 
Baltimore  City,  and  who  shall  have  practised  medicine  therein 
for  at  least  three  years  next  preceding  the  date  of  their  com- 
mission, to  act  as  physicians  of  the  Police  Department  of  said 
City,  under  such  rules  and  regulations  as  the  said  Board  may 
from  time  to  time  prescribe  for  their  conduct. 

772.  The  duties  of  the  said  physicians  shall  be  to  examine 
thoroughly  all  applicants  for  position  in  the  police  force  of 


300 

Baltimore  City,  and  to  test  their  entire  fitness  in  every  respect 
for  such  position;  to  visit  all  policemen,  turnkeys,  detectives, 
officers  of  police  and  clerks  of  said  force,  who  may  be  returned 
as  sick,  and  to  report  their  condition  to  the  said  Board;  to  visit 
and  professionally  attend  any  and  all  of  the  said  persons  who 
may  be  injured  or  disabled  in  the  performance  of  their  duties 
as  members  of  the  said  force ;  to  thoroughly  examine  and  report 
to  the  said  Board  the  physical  condition  of  each  and  every  mem- 
ber of  said  force,  who  may,  upon  his  own  application,  or  who 
the  said  Board  may  think  should  be  retired  from  the  said  force 
and  be  pensioned  under  this  sub-division  of  this  Article,  and  to 
perform  all  such  other  and  further  professional  duties  in  con- 
nection with  the  said  department  and  force  as  the  said  Board 
may  from  time  to  time  deem  necessary  and  prescribe  for  them. 

773.  The  annual  salary  of  each  of  the  said  physicians  shall 
be  the  sum  of  one  thousand  dollars,  payable  in  equal  monthly, 
instalments,  but  the  tenure  of  office  of  the  said  physicians,  and 
of  each  of  them,  shall  be  determinable  within  the  appointed 
year,  by  a  majority  of  the  said  Board,  and  in  their  exclusive 
discretion;  and  the  said  physicians,  and  each  of  them,  shall  be 
compensated  only  up  to  the  time  of  such  determination  at  the 
rate  of  the  annual  salary  aforesaid. 

Races. 

774.  For  the  purpose  of  preserving  order  and  protecting 
property,  the  Police  Commissioners  of  the  City  of  Baltimore 
are  authorized,  upon  the  request  of  the  president  of  the  Mary- 
land Jockey  Club,  to  detail  such  force  as  they  may  deem  suffi- 
cient for  the  preservation  of  order  during  any  exhibition  of  the 
said  club,  which  detailed  force  shall  have  the  power  that  the 
police  of  the  City  have  as  conservators  of  the  peace. 

Registration  of  Voters. 

775.  The   Board  of   Police   Commissioners   for  Baltimore 
City,  upon  the  written  request  of  the  Registers  of  Voters,  shall 
detail  police  officers  sufficient  to  preserve  order  at  the  place 
where  the  officers  of  registration  in  Baltimore  City  are  discharg- 
ing the  duties  of  their  office. 


301 


Special  Fund. 

776.  j\,r  sums  of  money  which  are  now  in,  or  which  may 
hereafter  come  into  the  hands  of  the  Board  of  Police  Commis- 
sioners for  the  City  of  Baltimore,  under  and  by  virtue  of  the 
provisions  of  existing  laws,  except  such  sums  as  may  come  into 
their  hands  under  and  by  virtue  of  the  provisions  of  section 
747,  shall  constitute  a  fund  to  be  known  and  accounted  for  as 
the  special  fund. 

776A.  The  Board  of  Police  Commissioners  of  the  City  of 
Baltimore,  and  their  successors,  shall  be  the  trustees  of  the 
special  fund  hereinafter  mentioned.  The  Treasurer  of  said 
Board  shall  be  Treasurer  of  the  fund.  He  shall  before  entering 
upon  his  duties  as  Treasurer  thereof  execute  and  deliver  to  said 
Board  a  bond  in  the  penal  sum  of  five  thousand  dollars,  to  be 
approved  by  the  Comptroller  of  the  City  of  Baltimore,  and  con- 
ditioned for  the  faithful  discharge  of  his  duties,  and  that  he  shall 
pay  over  and  account  for  all  moneys  and  property  which  shall 
come  to  his  hands  as  such  Treasurer,  the  expense  of  such  bond, 
if  furnished  by  a  corporation,  to  be  paid  out  of  the  special  fund. 
Such  trustees  shall  have  charge  of  and  administer  said  funds, 
and  from  time  to  time  invest  the  same,  or  any  part  thereof,  as 
they  shall  deem  most  beneficial  to  said  fund,  and  they  are  em- 
powered to  make  all  necessary  contracts,  and  take  all  neces- 
sary and  proper  actions  and  proceedings  in  the  premises,  and  to 
make  payments  from  such  fund  of  salaries  granted  in  pursu- 
ance of  this  Act,  and  also  salaries  now  charged  on  said  fund  or 
any  part  thereof  by  or  under  existing  laws.  The  said  trustees 
may,  and  they  are  authorized  and  empowered,  from  time  to 
time  to  establish  such  rules  and  regulations  for  the  disposition, 
investment,  preservation  and  administration  of  the  special  fund 
as  they  may  deem  best.  They  shall  report  in  detail  to  the 
Mayor  and  City  Council  annually  in  the  month  of  October  the 
condition  of  the  special  fund,  and  the  items  of  receipts  and  dis- 
bursements on  account  of  the  same. 

776B.  The  moneys,  securities  and  effects  of  the  special  fund, 
and  all  salaries  granted  and  payable  from  said  fund  shall  be 


302 

and  are  exempt  from  execution  and  from  aD  process  and  pro- 
ceedings to  enjoin  and  recover  the  same  by  or  on  behalf  of  any 
creditor  or  person  having  or  asserting  any  claims  against,  or 
debt  or  liability,  of  any  sharer  of  said  fund ;  every  person  who 
knowingly  or  wilfully  in  anywise  procures  the  making  or  pres- 
entation of  any  false  or  fraudulent  affidavit  or  affirmation  con- 
cerning any  claim  for  a  share  or  payment  thereof,  shall  in  every 
case  forfeit  a  sum  not  exceeding  two  hundred  dollars,  to  be 
sued  for  and  recovered  by  and  in  the  name  of  the  said  trustees, 
and  when  recovered  to  be  paid  over  to  and  thereupon  become  a 
part  of  the  said  special  fund.  Any  person  who  shall  wilfully 
swear  falsely  in  any  oath  or  affirmation  in  obtaining  or  procur- 
ing any  share  or  payment  thereof,  under  the  provisions  of  this 
Act,  shall  be  guilty  of  perjury. 


776C.  The  said  special  fund  shall  consist  of : 

1.  The    capital,  interest,  income,  dividends,  cash    deposit* 
securities  and  credit  of  the  special  fund  now  in  existence,  with 
additions  thereto  from  time  to  time  of : 

2.  All  fines  and  forfeitures  imposed  by  the  Board  of  Police 
Commissioners  from  time  to  time  upon  or  against  any  member 
or  members  of  the  police  force ;  and  of : 

3.  All  rewards,  fees,  gifts,  testimonials  and  emoluments  that 
may  be  presented,  paid  or  given  to  any  member  of  the  police 
force  on  account  of  police  services,  except  such  as  have  been 
or  shall  be  allowed  by  the  Board  of  Police  Commissioners  to  be 
retained  by  the  said  members,  and  also  all  gifts  or  bequests 
which  may  be  made  to  the  said  special  fund,  or  to  the  said  Police' 
Board  as  trustees  thereof. 

4.  All  lost,  abandoned,  unclaimed,  or  stolen  money  remain- 
ing in  possession  of  the  Secretary  of  the  Board  of  Police  Com- 
missioners for  the  space  of  one  year,  and  for  which  there  shall 
be  no  lawful  claimant,  and  all  moneys  arising  from  the  sale  by 
the  said  Secretary  or  said  Board  of  unclaimed,  abandoned,  lost 
or  stolen  property,  and  all  moneys  realized,  derived  or  received 
from  the  sale  of  any  condemned,  unfit  or  unserviceable  property 
belonging  to  or  in  the  possession  or  under  the  control  of  the 
Police  Department,  and  of : 

5.  All  moneys,  pay,  compensation  or   salary,  or  any  part 


303 

thereof,  forfeited,  deducted  or  withheld  from  any  member  or 
members  of  the  police  force  on  account  of  absence  for  any  cause,, 
lost  time,  sickness  or  other  disability,  physical  or  mental,  to  be 
paid  monthly  by  the  Treasurer  of  the  Board  of  Police  Commis- 
sioners to  the  special  fund. 

6.  All  moneys  derived  or  received  from  license,  certificates, 
or  permits,  hereafter  authorized  by  the  Mayor  and  City  Council 
under  the  general  powers  granted  by  Chapter  123,  of  the  Acts 
of  the  General  Assembly  of  Maryland,  Session  1898,  title  "  City 
of  Baltimore,  sub-title  "  Charter,"  sub-title  "  General  Powers," 
sub-title  "  License,"  which  are  required  t'o  be  issued  and  col- 
lected by  the  Police  Department. 

7.  Any  sum  hereafter  allowed  out  of  or  share  of  liquor- 
license    moneys   specially   appropriated   to   said    special   fund 
and  derived  from  the  granting  of  licenses  or  permission  to  sell 
strong  or  spirituous  liquors,  ale,  wine  or  beer,  and  such  sum,, 
sums,  share  or  shares  shall  be  paid  in  to  the  Treasurer  of  the 
special  fund  by  the  person  or  officer  having  the  legal  custody 
thereof. 

8.  All  moneys  derived  or  received  from  the  granting  or  issu- 
ing the  permits,  or  the  giving  of  permission  to  give  public 
dances,  soiries,  masked  balls,  boxing  or  athletic  contests,  circus 
or  tent  shows,  or'either  of  them,  in  the  City  of  Baltimore;  also 
the  sum  of  five  dollars  for  each  and  every  permit  granted  by  the 
Board  of  Police  Commissioners    under  Section  653?,  Chapter 
343,  of  the  Acts  of  the  General  Assembly  of  Maryland,  session 
of  1890,  for  the  sale  of  liquors  at  bona  fide  entertainments. 

9.  A  sum  of  money  equal  to  but  not  greater  than  two  per 
centum  of  the  semi-monthly  pay,  salary  or  compensation  of  each 
member  of  the  police  force  entitled  to  participate  in  the  special 
fund,  which  sum  shall  be  deducted  every  pay  day  by  the  Treas- 
urer of  the  Board  of  Police  Commissioners  from  the  pay,  salary 
or  compensation  of  each  and  every  member  of  the  police  force, 
and  the  said  Treasurer  of  said   Board   is  hereby  authorized, 
empowered  and  directed  to  deduct  the  said  sum  of  money  as 
aforesaid  and  forthwith  to  pay  the  same  to  the  Treasurer  of  the 
trustees  of  the  special  fund ;  provided,  however,  that  it  shall  be 
optional  with  any  member  of  said  police  force  to  contribute  the 
said  two  per  centum  of  his  salary  as  above  provided,  and  partici- 


304 

pate  in  the  benefits  of  the  special  fund ;  and  provided,  further, 
that  no  member  of  said  force  shall  participate  in  said  special 
fund  unless  he  contributes  to  said  fund  as  aforesaid. 

10.  And  any  and  all  unexpended  balances  of  appropriation  or 
amounts  estimated,  levied,  raised  or  appropriated  for  the  pay- 
ment of  salaries  or  compensation  of  members  of  the  police  force 
within  said  City  of  Baltimore  remaining  unexpended  or  unap- 
plied after  allowing  all  claims  payable  therefrom,  said  balances 
to  be  paid  to  special  fund  at  any  time  after  the  expiration  of  the 
year  for  which  the  same  were  made  and  appropriated. 

11.  In  case  the  amount  derived  from  the  different  sources 
mentioned  and  included  in  this  Section,  and  from  the  special 
fund  without  deducting  charges  for  patrol  services,  police  boat, 
and  new  station-houses,  shall  not  be  sufficient  at  any  time  to 
enable  the  Board  of  Police  Commissioners  to  pay  in  full  the 
salaries  which  have  been  or  may  hereafter  be  granted,  which 
said  salaries  shall  at  all  times  be  a  first  charge  on  said  funds,  it 
shall  be  the  duty  of  the  said  Board  each  year  at  the  time  of  mak- 
ing up  the  departmental  estimate,  to  prepare  a  full  and  detailed 
statement  of  the  assets  of  said  special  fund,  and  the  amount 
which  is  required  to  pay  in  full  all  such  salaries,  and  to  present 
the  same  to  the  Mayor  and  City  Council  and  the  Board  of  Esti- 
mates, together  with  a  statement  of  the  amount  of  money  re- 
quired to  enable  the  said  Board  of  Police  Commissioners  to  pay 
the  said  salaries  in  full.     It  shall  be  the  duty  of  the  Mayor  and 
City  Council  and  said  Board  of  Estimates  to  make  an  appropri- 
ation sufficient  to  provide  for  such  deficiency,  and  the  amount 
so  appropriated  shall  be  included  in  the  tax  levy,  and  the  Comp- 
troller shall  pay  over  the  money  to  the  Treasurer  of  the  special 
fund. 

12.  And  the  said  Board  of  Police  Commissioners,  as  trustees 
of  the  special  fund,  is  hereby  authorized  and  empowered  to  take 
and  hold,  as  trustees  of  such  fund,  any  and  all  gifts  or  bequests 
which  may  be  made  to  such  fund. 

776D.  The  Board  of  Police  Commissioners  shall  have  power 
in  its  discretion  to  pay  to  the  widow  of  any  member  of  said 
police  force  within  the  limits  of  said  City  who  shall  have  been 
killed  while  in  the  actual  performance  of  duty,  or  shall  have 
died  in  consequence  of  injuries  received  while  in  the  discharge 


305 

of  duty  an  allowance  until  she  re-marries.  If  there  be  no 
widow,  but  a  child  or  children,  then  to  pay  to  such  child  or 
children,  whilst  under  the  age  of  eighteen  years,  a  sum  such  as 
parent  would  have  been  entitled  to  out  of  said  special  fund. 

776E.  Salaries  granted  under  Chapter  494,  of  the  Acts  of  the 
General  Assembly  of  Maryland,  passed  at  the  January  session 
1898,  and  all  other  salaries  granted  by  special  Acts  shall  be  for 
the  natural  life  of  the  retired  or  disabled  officer,  and  shall  not 
be  revoked,  repealed  or  diminished  except  for  causes  therein 
provided. 

776F.  No  member  of  the  police  force,  whether  policeman, 
officer  of  police,  detective,  clerk,  turnkey,  or  in  any  other  capac- 
ity, shall  be  granted,  awarded  or  paid  a  retiring  salary  on 
.account  of  physical  or  mental  disability  or  diseases,  unless  cer- 
tificate of  so  many  of  the  police  surgeons  or  other  competent 
and  reputable  physicians  as  the  Board  of  Police  Commissioners 
may  require,  which  shall  set  forth  the  cause,  nature  and  extent 
of  the  disability,  disease  or  injury  of  such  member,  shall  be  filed 
in  the  office  of  the  Board,  and  no  member  shall  hereafter  be 
retired  upon  salary  or  be  salaried,  nor  shall  any  money  or  salary 
be  awarded,  granted  or  paid  except  as  provided  in  this  Chapter, 
and  Chapter  494,  of  the  Acts  of  the  General  Assembly  of  Mary- 
land, passed  at  the  January  session,  1898,  any  other  law  to  the 
contrary  notwithstanding.  The  said  Board  of  Police  Commis- 
sioners is  authorized  and  empowered  to  make  and  adopt  all 
such  rules,  orders  and  regulations  as  are  or  may  be  necessary  to 
carry  out  and  enforce  the  provisions  of  this  Act. 


In  addition  to  the  sums  of  money  now  authorized  by 
law  to  be  paid  out  of  the  fund  so  as  above  constituted  and  desig- 
nated, the  said  Board  of  Police  Commissioners  are  empowered, 
whenever,  in  their  opinion,  the  efficiency  of  the  service  may  re- 
quire it,  to  retire  any  officer  of  police,  policeman,  detective,  clerk 
or  turnkey,  appointed  by  them,  and  pay  him  in  monthly  instal- 
ments out  of  said  fund,  for  life,  a  sum  of  money  not  to  exceed 
one-half  of  the  amount  of  money  monthly  paid  to  him  as  such 
officer  of  police,  policeman,  detective,  clerk  or  turnkey  at  the 
time  of  his  said  retirement;  provided,  however,  he  shall  have 


306 

served  faithfully  not  less  than  sixteen  years  as  such  officer  of  po-- 
lice,  policeman,  detective,  clerk,  turnkey,  or  shall  have  been  per- 
manently disabled  in  the  discharge  of  his  duty  as  such  officer  of 
police,  policeman,  detective,  clerk  or  turnkey;  and  the  said 
Board  shall  in  all  cases,  before  making  such  retirement,  procure 
and  file  among  their  records  a  certificate  signed  by  a  majority  of 
the  physicians  appointed  by  the  Board  of  Police  Commissioners 
as  physicians  of  the  Police  Department,  that  the  person  pro- 
posed to  be  retired  has  been  thoroughly  examined  by  them,  and 
that  he  is  incapable  of  performing  active  police  duty;  and  the 
said  Board  of  Police  Commissioners  shall  have  power,  in  their 
discretion,  to  suspend  payment  to  any  such  officer  of  police, 
policeman,  detective,  clerk  or  turnkey  for  a  term  not  to  exceed 
three  months  for  the  first  offence,  for  the  second  offence  for  a. 
term  not  to  exceed  six  months,  and  for  the  third  offence,  any 
such  officer  of  police,  policeman,  detective,  clerk  or  turnkey 
shall  be  subject  to  dismissal,  upon  proof  given  that  the  said 
officer  of  police,  policeman,  detective,  clerk  or  turnkey,  is  living 
an  improper  or  immoral  life. 

778.  The   Board  of  Police  Commissioners  for  the  City  of 
Baltimore  are  authorized  to  pay  out  of  the  special  fund  men- 
tioned in  section  776  of  this  Article,  the  cost  of  the  maintenance 
and  operation  of  the   police  patrol  boat  recently   built  and 
manned  by  said  Board  under  authority  conferred  by  law  on  said 
Board,  including  therein  the  wages  of  engineers  and  firemen  of 
said  boat;  and  said  Board  are  authorized  to  appoint  on  its  force 
two  officers  for  said  boat,  who  shall  be  styled  commander  and 
first  officer,  respectively,  of  the  police  patrol  boat,  and  shall  have 
the  rank  and  pay  of  Lieutenants  of  Police  of  the  City  of  Balti- 
more. 

779.  The  Board  of  Police   Commissioners  for  the  City  of 
Baltimore  are  hereby  authorized,  out  of  the  special  fund  men- 
tioned in  section  776  of  this  Article,  to  pay  the  purchase  money 
of  the  ground  needed  for  the  erection  of  station-houses  here- 
after required  for  the  uses  of  said  Board,  and  also  the  cost  of  the 
erection  and  repair  of  said  station-houses. 


307 

780.  The   Board  of  Police  Commissioners  for  the  City  of 
Baltimore  are  hereby  authorized  and  directed  to  pay  to  James 
M.  Moore,  a  retired  patrolman  of  the  police  force  of  Baltimore 
City,  out  of  a  fund  in  the  hands  of  said  Board  of  Police  Com- 
missioners known  and  accounted  for  as  the  special  fund,  the 
sum  of  twelve  dollars  per  week  for  his  life,  in  lieu  of  the  sum  of 
six  dollars  per  week  now  paid  said  James  M.  Moore  by  said 
Board  of  Police  Commissioners,  under  and  by  authority  of  an 
Act  of  the  General  Assembly  of  Maryland  (Chapter  459,  Laws 
of  Maryland,  eighteen  hundred  and  eighty-six),  entitled  "An 
Act  to  define  a  fund  of  money  now  in  the  hands,  or  which  under 
existing  laws  may  come  into  the  hands,  of  the  Board  of  Police 
Commissioners  for  the  City  of  Baltimore,  and  to  provide  for 
its  application,"  approved  April  7th,  eighteen   hundred  and 
eighty-six. 

Long  Bridge. 

781.  The  jurisdiction  and  authority  of  the  Board  of  Police 
Commissioners  for  the  City  of  Baltimore  is  hereby  declared  to 
extend  to  and  over  the  bridge  across  the  Patapsco  river,  known 
as  the  Long  Bridge  or  Light  Street  Bridge;  and  said  Board 
and  their  police  force  shall  on  and  under  said  bridge,  preserve 
the  public  peace,  prevent  crime,  arrest  offenders,  protect  the 
rights  of  persons  and  property,  and  prevent  and  remove  nuis- 
ances; provided,  however,  that  if  any  crime  be  actually  com- 
mitted by  any  person  who  shall  be  arrested  by  said  police,  the 
offender  shall  be  delivered  to  the  proper  jurisdiction  for  trial 
and  punishment. 

Telegraph  to  House  of  Correction. 

782.  The  Mayor  and  City  Council  of  Baltimore  shall  keep 
and  maintain,  at  their  own  proper  cost  and  expense,  the  line  of 
telegraph  from  the  House  of  Correction,   in  Anne  Arundel 
county,  to  the  police  headquarters  in  Baltimore  City,  trans- 
ferred/to them  by  the  Board  of  Public  Works,  and  are  invested 
with  all  the  rights  and  privileges  granted  to  telegraph  compa- 
nies under  the  General  Incorporation  Laws  of  the  State  in  the 
working  and  maintenance  of  this  line. 


308 


Thieves  and  Pickpockets. 

783-  It  shall  be  the  duty  of  all  police  officers  in  Baltimore 
City  to  arrest  and  take  before  some  one  of  the  station-house 
Justices  in  Baltimore  City,  all  persons  whom  they  shall  find  in 
any  passenger  railway  car,  or  in  or  about  any  railway  depot  in 
Baltimore  City,  or  in  any  place  of  public  amusement,  or  in  any 
street  of  the  City,  who  they  shall  know  or  have  good  reason  to 
believe  are  common  thieves  or  pickpockets,  and  said  Justices 
shall  commit  or  bail  such  persons  for  trial  before  the  Criminal 
Court;  and  if  any  person  in  Baltimore  City  shall  be  charged  on 
oath  before  any  station-house  Justice  of  the  Peace  in  Baltimore 
City,  or  before  the  Judge  of  the  Criminal  Court,  with  being  a 
common  thief  or  pickpocket,  such  Justice  or  Judge  shall  issue 
a  warrant  for  the  arrest  of  such  person,  and  commit  or  bail  him 
for  trial;  and  any  person  convicted  in  the  Criminal  Court  of 
Baltimore  of  being  a  common  thief  or  common  pickpocket, 
shall  be  imprisoned  in  jail  not  more  than  two  years  nor  less  than 
six  months,  and  be  fined  not  more  than  one  hundred  dollars; 
but  if  any  person  is  arrested  a  second  time,  or  more,  for  such 
offence,  he  shall  be  convicted  only  on  proof  that  he  has  con- 
tinued to  be  a  common  thief  or  pickpocket  for  at  least  one 
month  since  his  last  conviction  or  acquittal,  and  it  shall  be 
necessary  to  charge  in  the  indictment  only  that  the  person  is  a 
common  thief  or  common  pickpocket ;  and  any  evidence  either 
of  facts  or  reputation  proving  that  such  person  is  habitually  and 
by  practice  a  thief  or  pickpocket  shall  be  sufficient  for  his  con- 
viction, if  satisfactorily  establishing  the  fact  to  the  court  or  jury 
by  whom  he  is  tried;  and  there  shall  be  no  discretion  in  any 
police  officer  or  Justice  of  the  Peace  to  discharge  or  release  any 
person  who  is  by  such  proof  before  them,  or  knowledge  on  their 
part,  shown  to  be  a  thief  or  pickpocket  as  aforesaid,  but  such 
person  shall  be  bailed  or  committed  for  trial,  and  no  conviction 
or  charge  of,  or  for  being  a  common  thief  or  pickpocket,  shall 
prevent  any  such  person  from  being  tried  and  convicted  for  any 
particular  act  of  larceny  he  may  have  committed. 


309 

784.  if  any  person  shall  be  arrested  at  any  place  on  the  line 
of  the  Baltimore  and  Ohio  Railroad,  or  on  the  line  of  the  North- 
ern Central  Railroad,  or  on  the  line  of  the  Philadelphia,  Wil- 
mington and  Baltimore  Railroad,  or  in  any  of  the  cars  or  de- 
pots, or  at  any  of  the  stations  on  said  roads,  or  on  any  ferry- 
boat employed  to  carry  passengers  over  any  part  of  said  road, 
and  within  the  limits  of  this  State,  charged  with  being  a  com- 
mon thief  or  pickpocket,  such  person  may  be  taken  before  any 
Justice  of  the  Peace  of  the  county  in  which  said  place  or  depot 
or  station  may  be  situated ;  or  if  such  person  be  arrested  in  any 
car,  or  on  any  ferry-boat,  before  any  Justice  of  the  Peace  of  the 
nearest  convenient  county  or  any  station-house  Justice  of  the 
City  of  Baltimore ;  and  such  Justice  shall,  on  proof,  as  provided 
in  the  preceding  section,  commit  or  bail  such  person  for  trial 
before  the  Circuit  Court  of  the  county,  or  the  Criminal  Court 
of  Baltimore,  as  the  case  may  be;  and  all  police  officers  of  Balti- 
more City,  and  all  conductors  of  trains  and  police  employed  by 
any  of  said  railway  companies,  and  all  constables  and  bailiffs  of 
any  county  or  city  on  the  lines  of  said  road,  shall  arrest  all  such 
persons  at  any  of  the  places  aforesaid,  on  the  same  knowledge 
and  proof  of  their  being  common  thieves  or  pickpockets  as  pro- 
vided in  the  preceding  section,  and  the  said  Justice  shall  com- 
mit or  bail  such  person  on  the  same  knowledge  or  proof;  and 
any  person  convicted  in  any  county  on  the  line  of  said  roads  of 
being  a  common  pickpocket,  shall  be  punished  by  a  fine  or  im- 
prisonment in  the  jail  of  the  county  for  the  same  time  and  in 
the  same  amount  as  provided  in  the  preceding  section ;  and  all 
the  provisions  of  the  preceding  section  shall  apply  to  all  cases 
under  this  section,  except  so  far  as  altered  by  this  section. 

Personating  Policemen. 

785.  It  shall  be  a  misdemeanor,  punishable  by  imprison- 
ment in  the  jail  of  Baltimore  City  for  not  more  than  one  year, 
or  by  fine  of  not  less  than  five  dollars,  for  any  person  not  a 
member  of  the  police  force  of  Baltimore  City,  to  falsely  repre- 
sent himself  as  being  such  member,  with  fraudulent  design 
upon  person  or  property,  or  upon  any  day  or  at  any  time  to 
have,  use,  wear  or  display,  without  the  authority  of  the  Board 


310 

of  Police  Commissioners  of  Baltimore,  any  shield,  button, 
wreath,  number  or  any  other  insignia  or  emblem  of  office,  such 
as  are  worn  by  the  police  force  of  said  City. 

New  Station  Houses. 

786.  The  Board  of   Police  Commissioners  are  authorized 
and  empowered  to  purchase  or  lease  ground  in  the  twenty-first 
and  twenty-second  wards  in  the  City  of  Baltimore,  or  either  of 
them,  as  may  be  suitable  in  their  judgment  for  the  erection  of  a 
station-house  or  houses  thereon,  and  that  they  be  and  are 
hereby  authorized  and  empowered  to  have  erected  thereon  such 
station-house  or  houses  as  they  may  deem  suitable  and  proper. 

787.  The  title  to  said  lot  of  ground  and  the  improvements 
thereon,  shall  be  vested  in  the  Mayor  and  City  Council  of  Balti- 
more City. 

788.  The  purchase  of  said  ground,  and  the  cost  of  erection 
of  said  station-house  or  station-houses,  shall  be  paid  by  the 
said  Board  of  Police  Commissioners  out  of  their  special  fund. 

PRATT    FREE    LIBRARY. 

"789.  It  shall  be  the  duty  of  the  Mayor  to  appoint  a  visitor, 
who  shall,  as  often  as  once  a  year,  examine  the  books  and  ac- 
counts of  the  Trustees  of  the  "  Enoch  Pratt  Free  Library  of 
Baltimore  City,"  and  make  a  report  thereof  to  the  Mayor  an4 
City  Council  of  Baltimore  ;  and  said  Mayor  and  City  Council 
shall,  in  case  of  any  abuse  of  their  powers  by  said  Trustees  or 
their  successors,  have  the  right  to  resort  to  the  proper  courts 
to  enforce  the  performance  of  the  trust  imposed  on  them. 

79O.  The  real  estate  and  personal  property  vested  in  said 
Mayor  and  City  Council  by  virtue  of  the  Acts  of  1882,  chapter 
181,  authorizing  the  establishing  of  the  Enoch  Pratt  Free  Li- 
brary of  Baltimore  City,  and  to  become  vested  by  future  pur- 
chases under  the  provisions  of  said  Act,  and  the  funds  and 


311 

Iranchises  of  the  "Enoch  Pratt  Free  Library  of  Baltimore  City," 
.shall  be  exempt  from  all  State  and  municipal  taxes,  forever. 

RAILROADS. 

Safety  Gates. 

79  !•  All  railroad  companies  whose  tracks  cross  any  street 
m  Baltimore  City  at  grade,  are  required  to  place,  erect  and  keep 
in  operation  and  repair,  safety  gates  at  all  such  street  crossings 
in  said  City,  which  said  gates  shall  be  closed  on  the  approach  of 
any  and  every  train  of  cars  or  locomotive,  and  kept  closed  until 
the  said  cars  or  locomotive  have  'completely  passed  said  street 
-crossings. 

792.  Any  railroad  company  violating  the  provisions  of  the 
foregoing  section  shall  be  liable  to  a  fine  of  fifty  dollars  for  each 
crossing,  and  for  every  day  on  which  said  safety  gates  are 
neglected  to  be  erected  or  operated  ;  said  fine  to  be  collected  as 

Bother  fines  are  now  collected. 

Hours  of  Labor. 

793.  No  street  railway  company  incorporated  under  the 
laws  of  this  State,  and  no  officer,  agent  or  servant  of  such  cor- 

poration, and  no  person  or  firm  owning  or  operating  any  line 
or  lines  of  street  railways  within  the  limits  of  this  State,  and  no 

.agent  or  servant  of  such  firm  or  person  shall  require,  permit  or 
suffer  its,  his  or  their  conductors  or  drivers,  or  any  of  them,  or 
any  employees  in  its,  his  or  their  service,  or  under  his,  its  or 
their  control,  to  work  more  than  twelve  hours  during  each  or 

^any  day  of  twenty-four  hours,  and  shall  make  no  contract  or 
agreement  with  such  employees,  or  any  of  them,  providing  that 
they  or  he  shall  work  for  more  than  twelve  hours  during  each  or 
any  day  of  twenty-four  hours. 


Any  corporation  which  shall  in  any  manner  violate 
any  of  the  provisions  of  the  preceding  section  shall  be  deemed 
to  have  misused  or  abused  its  corporate  powers  and  franchises, 
and  the  Attorney-General  of  the  State,  upon  the  application  in 


312 

writing,  made  by  any  citizen  of  this  State,  accompanied  by  suf- 
ficient proof  of  such  violation,  shall  forthwith,  without  further 
authorization,  institute  proceedings  for  the  forfeiture  of  the 
charter  of  such  corporation,  by  petition  in  the  name  of  the 
State,  in  the  manner  provided  by  the  laws  of  this  State  for  the 
enforcement  of  the  forfeiture  of  the  charter  of  any  corporation 
which  has  abused  or  misused  its  corporate  powers  or  franchises. 

795.  If  any  corporation,  or  any  officer,  agent  or  servant  of 
such  corporation,  or  any  person  or  any  firm  managing  or  con- 
ducting any  street  railway  in  this  State,  or  any  agent  or  servant 
of  such  person  or  firm,  shall  do  any  act  in  violation  of  the  pro- 
visions of  section  793,  it,  he  or  they  shall  be  deemed  to  have 
been  guilty  of  a  misdemeanor,  and  shall,  on  conviction  thereof 
in  a  court  of  competent  jurisdiction,  be  fined  one  hundred  dol- 
lars for  each  offence  so  committed,  together  with  the  costs  of 
such  prosecution. 

'Street  Railway  Fares. 

796.  The  United  Railways  &  Electric  Company  of  Balti- 
more, its  successors  and  assigns,  shall  charge  five  cents,  and  no 
more,  as  a  fare  for  the  conveyance  of  each  passenger  over 
twelve  years  of  age,  and  three  cents,  and  no  more,  for  each 
child  between  the  ages  of  four  and  twelve  years,  from  any 
point  on  any  of  its  lines  to  any  other  point  on  such  lines  within 
the  City  of  Baltimore  ;    provided,  That  such  Company  shall 
give  a  free  transfer,  when  the  same  shall  be  requested,  upon 
the  payment  of  each  casih  fare,  which  transfer  shall  be  good  at 
all  points  of  intersection  of  lines  of  said  railway  for  a  contin- 
uous ride,  except  at  such  points  on  said  lines  where  such  form 
a  route  so  as  to  permit  a  passenger  to  return  in  the  same  gen- 
eral direction  of  the  line  upon  which  the  transfer  was  issued, 
the  privilege  of  the  transfer  not  to  apply  to  the  terminus  of 
any  line  or  route  ;  provided,  That  nothing  in  this  Act  shall  be 
construed  to  affect  any  of  the  interests  of  the  Mayor  and  City 
Council  of  Baltimore  in  the  said  United  Railways  &  Electric 
Company  of  Baltimore  ;    or  any  of  the  railways  consolidated' 
under  the  corporated  name. 


313 


Park  Tax. 

797.  The  said  several  passenger  street  railway  companies 
shall  pay  to  the  Mayor  and  City  Council  of  Baltimore,  a  tax 
upon  their  gross  receipts  of  nine  per  cent.,  in  quarterly  instal- 
ments, on  the  first  day  of  January,  April,  July  and  October,  in 
each  year. 

798.  The  Board  of  Park  Commissioners,  or  any  agent  or 
agents  of  the  said  Commissioners,  authorized  in  writing  by 
a  certificate  signed  by   the  president  and  secretary   thereof, 
shall  have  authority  and  power  from  time  to  time,  and  at  any 
time  the  said  Board  of  Park  Commissioners  see  fit,  to  make 
examination  of  the  books,  accounts  and  car  fare  registers  of 
any  or  all  of  the  street  railway  companies  in  the  City  of  Balti- 
more, for  the  purpose  of  satisfying  said  Board  of  Park  Com- 
missioners that  returns  of  the  "park  tax"  are  fairly  and  cor- 
rectly made  by  said  companies,  and  by  each  and  every  one 
of  them;  and  any  street  railway  company  whose  officers  shall 
neglect  or  refuse,  on  demand  of  said  Board  of  Park  Commis- 
sioners, to  permit  the  said  Commissioners  or  any  agent  or 
agents  of  said  Commissioners  authorized  in  writing  as  above 
prescribed,  to  at  any  time  inspect  its  said  books,  accounts  and 
car  fare  registers  or  any  of  them,  shall  forfeit  and  pay  a  fine  of 
one  hundred  dollars  for  each  and  every  day  it  shall  so  neglect 
or  refuse  to  comply  with  such  demand;  said  penalty  to  be  col- 
lected by  an  action  of  debt  in  the  name  of  the  Mayor  and  City 
Council  of  Baltimore. 

799.  On  default  of  any  of  the  street  railway  companies  ope- 
rating street  railway  lines  within  the  present  City  limits,  in  the 
payment  of  the  park  tax  of  nine  per  centum  of  the  gross  receipts 
from  all  street  railway  lines  within  the  present  City  limits,  for 
the  term  of  ten  days  after  the  expiration  of  any  quarter,  the 
company  or  companies  so  in  default  shall  pay  a  penalty  at  the 
rate  of  thirty  per  cent,  per  annum,  on  the  amount  due  from  it,, 
for  the  time  it  shall  continue  in  default;  said  penalty  to  be  re- 
covered by  an  action  of  debt,  in  the  name  of  the  Mayor  and 
Citv  Council  of  Baltimore. 


314 

8OO.  If  any  officer,  agent  or  employee  of  any  street  railway 
company  within  the  City  of  Baltimore  shall  knowingly,  wilfully 
-and  corruptly  certify  to  the  Board  of  Park  Commissioners  a  less 
sum  than  is  actually  due  as  the  park  tax  of  nine  per  centum  of 
the  gross  receipts  from  the  lines  of  such  company  within  the 
City  limits,  he  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  suffer  imprisonment  for  not  more  than  six 
months  in  jail,  or  pay  a  fine  of  not  more  than  one  thousand 
•dollars,  or  both,  in  the  discretion  of  the  court. 

Prohibiting  Tracks  on  Certain  Streets. 

8O1-  It  shall  not  be  lawful  for  any  person  or  corporation  to 
lay  any  railway  tracks  upon  Mount  Royal  avenue  between 
Guilford  and  North  avenues,  or  upon  Cathedral  street  between 
Saratoga  street  and  Mount  Royal  avenue,  or  upon  Saint  Paul 
street  from  Baltimore  street  northerly  to  the  City  limits,  or 
upon  Calvert  street  from  Read  street  northerly  to  the  City 
limits,  or  upon  Gough  street  from  Bond  street  easterly  to  Pat- 
terson Park  avenue,  or  upon  Broadway  from  Baltimore  street 
north  to  North  avenue,  except  upon  the  streets  where  tracks 
are  now  laid,  or  upon  Caroline  street  between  Preston  street 
and  North  avenue,  or  upon  Eager  street  between  Park  and 
Wolfe  streets,  or  upon  the  old  York  Road  from  its  intersection 
with  the  York  Turnpike  to  Willow  avenue,  in  the  City  and 
'County  of  Baltimore,  or  upon  McCulloh  street  between  Eutaw 
street  and  North  avenue,  or  upon  Baltimore  street  between 
Patterson  Park  avenue  and  Canton  street,  or  on  Barclay  street, 
or  on  Biddle  street  between  Broadway  and  Maryland  avenue, 
and  when  the  tracks  of  the  Lake  Roland  Elevated  Railway 
Company  shall  have  been  removed  from  Oak  street,  Hampden 
street,  Cedar  avenue,  Elm  avenue,  and  Merryman's  Lane,  in 
the  City  of  Baltimore,  thereafter  it  shall  not  be  lawful  for  any 
person  or  corporation  to  lay  any  railway  tracks  upon  the  said 
portion  of  said  streets  so  occupied  by  the  said  Lake  Roland 
Elevated  Railway  Company,  or  upon  any  of  the  streets,  lanes, 
avenues  and  highways  above  mentioned,  without  the  consent 
of  the  General  Assembly  of  Maryland ;  provided,  that  this  sub- 
division of  this  Article  shall  not  restrict  in  any  way  the  right  of 
•any  passenger  railway  now  incorporated,  or  that  may  hereafter 
'be  incorporated,  to  cross  said  streets  where  such  railway  com- 


315 

pany  shall  be  authorized  by  the  Mayor  and  City  Council  of 
Baltimore  to  use  any  street  or  avenue  opening  into  or  crossing 
said  before-mentioned  streets  or  highways.  The  maintenance 
or  laying  of  any  tracks  for  street  railways  or  other  purposes  on 
Cedar  avenue,  in  the  City  of  Baltimore,  be  and  is  hereby  for- 
bidden. 

RECORDS. 

802.  It  shall  be  the  duty  of  the  Clerk  of  the  Superior  Court 
of  Baltimore  City  to  formulate  and  prepare  a  new  plan  or  sys- 
tem for  the  indexing  of  all  deeds,  conveyances  and  other  papers 
required  by  law  to  be  recorded  among  the  land  records  in  his 
office,  and  submit  the  same  to  the  Supreme  Bench  of  Baltimore 
City  for  its  approval. 

803.  Upon  the  adoption  and  approval  of  the  plan  or  system 
of  indexing  authorized  by  the  preceding  section,  the  Clerk  of 
the  Superior  Court  of  Baltimore  City  is  authorized  and  directed 
to  make  and  prepare  for  use  in  his  said  office,  a  new  index  of 
all  land  records  and  conveyances  in  his  keeping,  upon  the  plan 
or  system  so  adopted  and  approved,  in  books  suitable  for  the 
purpose;  and  all  deeds  and  conveyances  hereafter  recorded 
among  said  land  records,  shall  be  indexed  upon  the  plan  or 
system  aforesaid. 

804.  Whenever,  from  age  or  wear,  any  of  the  record  books 
in  the  keeping  of  the  Clerk  of  the  Superior  Court  of  Baltimore 
City  shall  be  in  danger  of  destruction  or  obliteration,  it  shall  be 
the  duty  of  the  clerk  of  said  court,  when  required  so  to  do  by 
the  Supreme  Bench  of  said  City,  to  renew  any  such  record 
book  by  transcribing  the  same  into  new  books. 

805.  The  cost  of  making  and  preparing  such  new  indexes 
and  records  shall  be  paid  out  of  the  fees  collected  by  the  Clerk 
of  the  Superior  Court  aforesaid. 

SABBATH. 

806.  No  vehicle  of  any  description  shall  be  permitted  to 
carry  ice  upon  the  streets  or  highways  of  Baltimore  City,  for 


316 

the  purpose  of  selling  the  same,  on  the  Sabbath  Day,  commonly 
called  Sunday. 

8O7-  If  any  person  or  corporation  be  found  guilty  of  caus- 
ing or  in  any  way  contributing  to  the  violation  of  the  preceding 
section,  he  or  it  shall  be  subjected  to  a  fine  of  not  more  than 
fifty  dollars,  in  the  discretion  of  the  courts. 


SCHOOLS. 
Intestates'  Estates. 

808.  Xhe  Orphans'  Court  of  said  City  shall  order  and  direct 
the  funds  arising  from  intestates7  estates  that  may  be  adminis- 
tered upon  in  said  court,  and  which  remain  undistributed  for 
want  of  legal  representatives  of  the  intestates  to  claim  the  same, 
to  be  paid  to  the  Board  of  School  Commissioners. 

809.  The  court  shall  not  make  such  order  until  they  shall 
be  satisfied  that  the  intestate  left  no  legal  representatives  living 
at  the  time  of  his  death ;  and  they  shall  cause  the  administrator 
of  such  intestates  to  give  notice,  by  advertisement  to  be  in- 
serted for  such  periods  of  time  and  in  newspapers  published  in 
such  places  as  they  may  deem  necessary,  that  upon  default  of 
the  appearance  of  any  legal  representative  of  the  intestate,  by  a 
certain  day  to  be  fixed  by  the  court  and  named  in  said  adver- 
tisement, the  estate  6f  said  intestate  will  be  paid  to  the  Board 
of  School  Commissioners. 

810.  They  shall,  upon  passing  an  order  directing  such  pay- 
ment, require  from  the  Treasurer  of  the  Board  of  School  Com- 
missioners, or  any  other  officer  who  may  be  appointed  by  the 
said  Board  of  School  Commissioners  or  the  Mayor  and  City 
Council  of  said  City  to  receive  such  funds,  a  receipt  and  release 
to  the  administrator  for  the  same. 

81  !•  The  release  shall  contain  an  obligation  that  the  said 
funds  shall  be  applied  by  the  Board  of  School  Commissioners 
to  the  use  and  support  of  the  public  schools  of  the  City  of  Balti- 
more, and  shall  be  recorded  and  preserved  in  said  court  as 
other  records  are. 


317 

812.  if  the  estate  of  an  intestate  shall  be  paid  to  the  Board 
of  School  Commissioners  under  this  law,  and  any  legal  repre- 
sentatives of  the  intestate  of  no  remoter  degrees  among  col- 
laterals than  brothers'  or  sisters'  children,  shall  at  any  time 
appear  and  prove  him,  her  or  themselves  to  be  such  legal  rep- 
resentatives, the  Board  of  School  Commissioners  who  received 
such  estate,  or  their  successors,  if  the  same  shall  be  in  their 
hands  or  shall  have   been  applied  to  the  use  of  the   public 
schools,  shall  restore  the  same  to  such  legal  representatives 
out  of  the  school  fund  under  their  direction. 

813.  Nothing  contained  in  this  sub-division  of  this  Article 
shall  be  construed  to  interfere  with  or  affect  the  rights  vested 
in  the  Charitable  Marine  Societv  of  Baltimore. 


Johns  Hopkins  University. 

The  Johns  Hopkins  University,  a  corporation  duly 
incorporated  by  certificate  recorded  in  the  office  of  the  Clerk  of 
the  Circuit  Court  for  Baltimore  County,  shall  have  power  to 
establish  branches  of  the  said  university  in  the  City  of  Balti- 
more, to  hold,  or  to  purchase  and  hold,  all  property  in  said 
City,  needed  for  the  successful  conducting  of  the  branches  of 
the  said  university  in  said  City,  and  to  keep  and  maintain  a 
principal  office  in  said  City  for  the  conduct  of  the  business  of 
the  said  university. 

815.  The  said  Johns  Hopkins  University  shall  have  power 
to  admit  students  of  the  said  university  who  shall  merit  the 
distinction  to  the  office  and  profession  of  surgeon,  or  to  the 
degree  of  doctor  of  medicine,  or  of  doctor  of  laws,  or  of  bachelor 
or  master  of  arts;  to  grant  to  students  in  such  university  such 
certificates  of  proficiency  and  attainments  in  any  special  study 
as  the  said  university  may  see  proper  to  confer;  and  to  grant 
the  honorary  degrees  of  doctor  of  laws,  doctor  of  medicine,  and 
master  of  arts,  or  such  other  degrees  as  may  be  proper,  to  any 
person  who  may  merit  such  distinction,  whether  such  person 
be  a  student  of  such  university  or  not. 


318 


McDonogh  Educational  Fund  and  Institute  and  Other  Institutions. 


816.  The  Mayor  and  City  Council  of  Baltimore  is  author- 
ized, upon  the  transfer  and  surrender  to  it,  by  the  Board  of 
Trustees  of  the  McDonogh  Educational  Fund  and  Institute,  of 
the  City  stock  or  certificates  of  indebtedness,  in  which  the  said 
educational  fund  is  now,  under  the  City  ordinances,  invested,  in 
consideration  of  such  transfer  and  surrender,  to  issue  and  de- 
liver to  the  said  Board  of  Trustees,  the  stock  or  certificates  of 
indebtedness  of  the  Mayor  and  City  Council  of  Baltimore,  to 
the  amount  of  one  million  of  dollars,  in  the  form  prescribed  by 
law  for  such  certificates,  redeemable  in  the  year  of  our  Lord 
nineteen  hundred  and  thirty-eight,  and  bearing  interest,  pay- 
able quarterly,  at  the  rate  of  five  per  cent,  per  annum.  To  pass 
an  ordinance  providing  for  the  said  transfer  and  surrender  of 
-said  City  stock  or  certificates  of  indebtedness,  in  which  the 
educational  fund  derived  under  the  will  of  John  McDonogh,  is 
now  invested,  and  for  the  issue  and  delivery  to  the  Trustees  of 
the  McDonogh  Educational  Fund  and  Institute,  in  considera- 
tion of  such  transfer  of  said  City  stock  or  certificates  of  indebt- 
edness of  the  Mayor  and  City  Council  of  Baltimore,  to  the 
amount  of  one  million  of  dollars.  Before  the  ordinance  which 
the  Mayor  and  City  Council  of  Baltimore  is  authorized  and 
empowered  to  pass,  shall  take  effect,  it  shall  be  approved  by  a 
majority  of  the  votes  of  the  legal  voters  of  the  said  City,  cast  at 
the  time  and  places  to  be  appointed  by  said  ordinance  for  sub- 
mitting the  same  to  the  legal  voters  of  said  City,  as  required  by 
section  7  of  Article  XI,  of  the  Constitution  of  Maryland.  To 
appropriate  annually  for  the  Baltimore  Manual  Labor  School 
for  Indigent  Boys,  sum  or  sums  of  money  not  exceeding  fifteen 
hundred  dollars  per  annum.  Upon  transfer  and  surrender  to 
it,  by  the  Peabody  Institute  of  the  City  of  Baltimore,  of  six  per 
cent.  City  stock,  to  an  amount  not  exceeding  five  hundred 
thousand  dollars,  to  issue  and  deliver  to  the  said  Peabody  In- 
stitute, in  consideration  of  such  transfer  and  surrender.  City 
stock  in  the  form  prescribed  for  such  certificates  by  the  Balti- 
more City  Code  of  eighteen  hundred  and  seventy-nine,  re- 
deemable in  the  year  of  our  Lord  nineteen  hundred  and  fifty, 
and  bearing  interest  at  the  rate  of  not  more  than  five  per  cent. 


319 

per  annum,  payable  quarterly;  and  to  pass  an  ordinance  pro- 
viding for  such  transfer  of  said  stock,  and  for  the  issue  and 
delivery  to  the  said  Peabody  Institute,  in  consideration  of  such 
transfer  and  surrender  of  stock  or  certificates  of  indebtedness 
of  the  Mayor  and  City  Council  of  Baltimore,  to  the  amount  of 
not  over  five  hundred  thousand  dollars,  as  authorized  above, 
bearing  interest  at  not  more  than  five  per  cent,  per  annum, 
payable  quarterly. 

SEWERS. 


If  any  person  shall  wilfully  stop  up,  obstruct,  injure 
or  damage  the  passage  of  the  waters  of  any  of  the  common  or 
private  sewers  or  drains,  he  shall  be  fined  a  sum  not  exceeding 
one  hundred  dollars,  to  be  collected  as  other  fines  are  collected. 

818.  .  The  Mayor  and  City  Council  of  Baltimore  shall  have 
full  power  to  provide  for  constructing,  opening,  enlarging  or 
straightening,  subject  to  the  provisions  hereinbefore  contained 
as  to  the  Board  of  Public  Improvements  and  the  Board  of  Esti- 
mates, any  sewer  or  drain,  public  or  private,  through  any  pri- 
vate property,  upon  giving  thirty  days'  notice  in  writing  to  the 
owner  or  agent  of  said  private  property,  or  to  one  of  them,  if 
more  than  one,  leaving  such  notice  at  the  usual  place  of  abode 
of  such  owner  or  agent,  or  at  the  usual  place  of  abode  of  one  of 
them,  if  more  than  one,  or  if  none  of  said  parties  live  in  the  City 
of  Baltimore,  by  setting  up  said  notice  on  the  land  or  premises,. 
to  provide  for  ascertaining  what  amount  of  actual  benefit  will 
thereby  accrue  to  the  owner  or  possessor  of  any  ground  or  im- 
provements within  or  adjoining  the  City,  being  governed  as 
far  as  practicable  by  the  number  of  superficial  feet  drained,  and 
to  provide  for  assessing  and  levying,  either  generally  on  the 
whole  assessable  property  of  the  said  City,  or  by  a  loan  for  the 
special  purpose  for  constructing,  opening,  enlarging  or  straight- 
ening any  sewer,  the  sum  necessary  to  pay  the  expense  or  cost, 
or  specially  on  the  property  of  persons  actually  benefited,  the 
whole  or  any  part  of  the  damages  and  expenses  which  they 
shall  ascertain  will  be  incurred  in  constructing,  opening,  enlarg- 
ing or  straightening  any  sewer  in  any  street,  lane  or  alley,  or 
through  any  private  property  in  said  City  ;  to  provide  for  grant- 


320 

ing  appeals  to  the  court  having  jurisdiction  thereof  in  Baltimore 
City,  from  the  decision  of  any  commissioners  or  other  persons 
appointed  in  virtue  of  any  ordinance  to  ascertain  the  damage 
which  will  be  incurred  or  the  benefits  which  will  accrue  to  the 
owners  or  possessors  of  any  ground  or  improvements  for  con- 
structing, opening,  enlarging  or  straightening  in  any  street, 
lane  or  alley,  or  through  any  private  property,  any  sewer  which 
in  their  opinion  the  public  welfare  or  convenience  may  require, 
and  for  securing  to  every  such  owner  or  possessor  the  right  on 
application  within  a  reasonable  time  to  have  decided  by  a  jury 
trial  whether  any  damage  and  what  amount  of  damage  has  been 
caused,  or  whether  any  benefit  and  what  amount  of  benefit,  has 
accrued  to  them ;  and  to  provide  for  collecting  and  paying  over 
the  amount  of  compensation  adjudged  to  each  person  to  receive 
the  same,  or  investing  in  stock  of  said  corporation,  bearing  in- 
terest of  five  per  centum  per  annum,  for  the  use  of  any  person 
who,  because  of  infancy,  absence  from  the  City,  or  other  cause, 
may  be  prevented  from  receiving  it,  before  any  sewer  shall  be 
constructed,  opened,  enlarged  or  straightened  in  any  street, 
lane  or  alley,  or  through  any  private  property,  and  to  enact  and 
pass  all  ordinances  from  time  to  time  which  shall  be  deemed 
necessary  and  proper  to  exercise  the  power  and  effect  the  ob- 
jects herein  specified. 

819.  The  amount  of  benefits  assessed  on  any  property  for 
constructing,  opening,  enlarging  or  straightening  any  sewer  in 
any  street,  lane  or  alley,  or  through  any  private  property,  con- 
structed, opened,  enlarged  or  straightened  by  virtue  of  any 
ordinance  passed  by  the  Mayor  and  City  Council  of  Baltimore, 
shall  be  a  lien  on  the  property  and  recoverable  as  City  taxes  are. 

820.  No  private  sewer  or  drain  shall  be  constructed,  altered 
or  repaired  without  a  permit  from  the  City  Engineer. 

821«  Before  the  Mayor  and  City  Council  of  Baltimore  shall 
pass  any  ordinance  under  this  Article  relating  to  the  con- 
structing, opening,  enlarging  or  straightening  any  sewer 
through  any  street,  lane  or  alley,  or  through  any  private  prop- 
erty, notice  shall  be  given  of  an  application  for  the  passage  of 
such  an  ordinance  in  at  least  two  of  the  daily  newspapers  of 
said  City,  twice  a  week  for  sixty  days. 


321 

822.  Before  any  Commissioners  appointed  by  any  ordinance 
of  said  corporation  under  the  preceding  sections  hereof  shall 
proceed  to  the  performance  of  their  duty,  they  shall  give  daily 
notice,  in  at  least  two  newspapers  in  the  City  of  Baltimore,  of 
the  object  of  the  ordinance  under  which  they  propose  to  act, 
at  least  thirty  days  before  the  time  of  the  first  meeting  to  exe- 
•cute  the  same. 

823.  Should  the  Commissioners  appointed  by  the  Mayor 
and  City  Council  of  Baltimore  assess  any  part  of  the  expense 
and  damage  incurred  in  the  construction,  opening,  enlarging  or 
straightening  any  sewer  in  the  City,  upon  the  Mayor  and  City 
Council  of  Baltimore,  the  said  Mayor  and  City  Council  of 
Baltimore  may  levy  a  tax  on  the  assessable  property  of  the  City 
for  the  amount  of  such  assessment,  or  they  may  raise  the  neces- 
sary amount  by  a  loan,  for  the  payment  of  which  they  may 
create  a  sinking  fund  to  meet  the  liabilities  incurred ;  and  may 
.also  levy  on  the  assessable  property  of  the  City  of  Baltimore 
from  time  to  time  such  sums  as  may  be  necessary  to  provide 
therefor,  and  for  the  principal  and  interest  of  the  liabilities  in- 
curred, and  may  pass  all  ordinances  necessary  to  carry  out  the 
provisions  of  the  same. 

824.  The  Mayor  and  City  Council  of  Baltimore  are  author- 
ized to  issue  the  stock  of  the  City  of  Baltimore  for  the  amount 
of  five  millions  of  dollars ;  said  stock  to  be  issued  from  time  to 
time  as  the  Mayor  and  City  Council  of  Baltimore  shall  by  ordi- 
nance prescribe;  the  proceeds  of  said  stock  to  be  used  for  the 
opening,  widening,  repaving  and  paving  of  streets,  the  con- 
structing of  sewers,  the  supplying  of  school  buildings  in  the 
City  of  Baltimore,  and  the  improvement  of  the  public  parks. 
The  said  stock  shall  be  in  such  amounts,  payable  at  such  time  or 
times,  and  shall  bear  such  rate  of  interest  as  the  said  Mayor  and 
City  Council  of  Baltimore  shall  provide  by  ordinance ;  but  the 
said  stock  shall  not  be  issued  unless  the  ordinance  which  the 
Mayor  and  City  Council  of  Baltimore  is  hereby  authorized  to 
enact  shall  be  approved  by  a  majority  of  the  votes  of  the  legal 
voters  of  said  City,  cast  at  the  time  and  place  to  be  appointed 
by  said  ordinance  in  the  provision  for  submitting  the  same  to  the 
legal  voters  of  said  City,  as  required  by  section  7  of  Article  XI 
•of  the  Constitution  of  the  State. 


322 


SHERIFF'S  FEES. 

825.  The  Sheriff:  of  Baltimore  City  shall  hereafter  receive- 
lor  the  services  hereinafter  recited,  fees  as  follows : 

For  serving  an  attachment  of  contempt  and  return,  one  dollar 
and  fifty  cents. 

For  an  arrest  on  warrant  and  return  in  criminal  cases,  one 
dollar. 

STOCKS,  LOANS  AND  FINANCE. 

826.  Xhe  Mayor  and  City  Council  of  Baltimore  are  author- 
ized and  empowered  to  endorse  the  bonds  of  the  Baltimore 
and  Eastern  Shore  Railroad  Company,  to  the  extent  of  ten 
thousand  dollars  per  mile  of  said  railroad,  as  the  same  is  com- 
pleted ;  provided,  that  no  such  endorsement  shall  be  made  until 
an  ordinance  of  the  Mayor  and  City  Council  of  Baltimore,  au- 
thorizing and  directing  the  same,  and  the  terms  and  conditions, 
and  mode  and  manner  of  making  said  endorsement  shall  have 
been  submitted  to  the  legal  and  qualified  voters  of  the  City  of 
Baltimore,  at  such  time  and  place  as  may  be  fixed  by  said  ordi- 
nance, to  be  approved  by  a  majority  of  votes  cast  at  such  time 
and  place ;  pro-vided  further,  that  the  aggregate  amount  of  such 
endorsements  shall  not  exceed  the  sum  of  five  hundred  thou- 
sand dollars,  and  that  the  bonds  so  endorsed  shall  be  secured  by 
first  mortgage  on  the  property  and  franchises  of  said  Baltimore 
and  Eastern  Shore  Railroad,  and  shall  bear  interest  at  a  rate  not 
exceeding  three  and  one-half  per  cent,  per  annum;  and  pro- 
vided further,  that  before  the  said  ordinance  shall  be  passed  by 
the  Mayor  and  City  Council  of  Baltimore,  or  submitted  to  the 
voters  of  said  City,  the  propriety  of  making  said  endorsement 
shall  receive  the  approval  and  endorsement  of  the  Board  of 
Trade  of  the  City  of  Baltimore,  of  the  Corn  and  Flour  Ex- 
change, of  the  Merchants  and  Manufacturers'  Association  of 
said  Baltimore  City,  and  of  the  Merchants  and  Manufacturers' 
Association  of  Old  Town,  expressed  by  a  majority  vote  of  said 
associations,  respectively,  and  duly  certified  to  the  Mayor  and* 
Citv  Council  of  Baltimore. 


323 

STREETS,    BRIDGES    AND    HIGHWAYS. 

Opening  Streets. 

827.  Whenever  any  property  shall  have  been  condemned 
in  any  form  of  proceeding  for  the  use  of  the  Mayor  and  City 
Council  of  Baltimore,  and  in  consequence  of  infancy,  insanity, 
absence  from  the  City,  of  any  person  or  persons  entitled  to  re- 
ceive any  money  awarded  in  any  such  proceeding,  conflicting 
claims,  refusal  to  accept  or  any  other  cause,  such  money  can- 
not be  safely  or  reasonably  paid  to  any  person  or  persons,  it 
shall  be  lawful  for  the  Mayor  and  City  Council  of  Baltimore  to 
file  a  bill  or  petition  in  any  Court  of  Equity  in  the  City  or 
County   where  the  property   is   condemned,   or  any   portion 
thereof,  lies ;  and  whenever  such  court  shall  be  satisfied  for  any 
of  the  persons  aforesaid  that  such  money  ought  to  be  paid  into 
such  court,  it  shall  pass  such  decree  as  it  shall  deem  proper, 
and  the  payment  of  any  money  into  court  under  any  such  de- 
cree or  order  shall  be  considered  in  all  respects  equivalent  to  a 
tender  thereof  to  any  person  or  persons  entitled  to  such  money 
and  who  may  be  made  a  proper  party  to  such  proceeding. 

828.  Before  they  shall  pass  any  ordinance  under  section 
6  of  this  Article,  paragraph  "Streets,  Bridges  and  Highways," 
relating   to   the   laying   out,    opening,    extending,   widening, 
straightening  or  closing  up,  in  whole  or  in  part,  of  any  street, 
square,  lane  or  alley  within  Baltimore  City,  notice  shall  be 
given  by  advertisement  published  once  a  week  for  six  consecu- 
tive weeks  in  two  of  the  daily  newspapers  in  the  said  City,  that 
application  shall  be  made  for  the  passage  of  such  ordinance, 
which  notice  shall  set  forth  clearly,  in  the  case  of  laying  out, 
opening  or  extending  any  street,  square,  lane  or  alley,  the 
length  or  width  of  such  street,  square,  lane  or  alley,  or  part 
thereof   to    be   laid   out,    opened    or    extended,    and    in    the 
case   of    widening    or    straightening    shall    set    forth    clearly 
both  the  present  and  the  intended  width,  and  also  the  length 
of   any    street,    lane   or   alley,   or   part    thereof   intended    to 
be  widened  or  straightened,  and  in  case  of  closing  shall  set  forth 
clearly  the  length  and  width  of  the  street,  lane  or  alley,  or  any 
part  thereof,  intended  to  be  closed;  and  notice  shall  also  be 
given  by  filing  in  the  office  of  the  Commissioners  for  Opening 
Streets  on  or  before  the  first  day  of  such  publication,  a  map  on 


324 

the  scale,  not  smaller  than  fifty  feet  to  the  inch,  prepared  by 
some  competent  surveyor,  whose  name  shall  be  signed  to  the 
same,  which,  in  case  of  laying  out,  opening,  extending,  widening 
or  straightening  shall  show  the  course  and  the  lines  of  the  pro- 
jected improvement,  and  also  the  lots  and  buildings  thereon 
which  shall  be  taken  or  destroyed,  in  whole  or  in  part,  and 
which,  in  the  case  of  closing,  shall  show  the  street,  lane  or  alley, 
or  part  thereof,  intended  to  be  closed,  and  also  the  abutting 
lots  and  improvements  thereon.  It  shall  be  the-  duty  of  the 
Commissioners  to  endorse  on  said  map  their  names,  with  the 
date  of  its  being  filed  in  their  office,  and  to  keep  the  said  map 
where  the  public  may  have  access  to  it,  whenever  said  map 
may  be  needed  for  the  purpose  of  being  shown  at  any  meeting 
of  the  City  Council  or  of  any  committee  thereof,  they  may,  on 
the  written  order  or  request  of  the  President  of  either  Branch 
of  the  City  Council  or  of  the  chairman  of  such  committee,  and 
on  obtaining  his  receipt  therefor,  allow  the  said  map  to  be 
taken  from  their  office  for  that  purpose,  to  be  returned  on  the 
following  day. 

829.  Before  any  commissioners  appointed  by  any  ordi- 
nance of  said  corporation  under  the  two  preceding  sections 
shall  proceed  to  the  performance  of  their  duty,  they  shall  give 
notice  in  at  least  two  of  the  daily  newspapers  in  the  City  of  Bal- 
timore of  the  object  of  the  ordinance  under  which  they  propose 
to  act,  at  least  thirty  days  before  the  time  of  their  first  meeting 
to  execute  the  same. 

830.  A   tenant  for   ninety-nine  years,   or  for  ninety-nine 
years,  renewable  forever,  or  the  executor  or  administrator  of 
such  tenant,  or  the  guardian  of  an  infant  owner,  or  a  mort- 
gagee in  possession,  shall  be  deemed  and  taken  as  an  owner  for 
the  purposes  of  any  application  to  the  Mayor  and  City  Council 
authorized  by  this  sub-division  of  this  Article;  and  the  applica- 
tion of  any  such  person  shall  bind  the  property  so  represented 
for  any  assessment  or  tax  made  under  an  ordinance  passed  in 
pursuance  of  the  provisions  of  this  sub-division  of  this  Article. 

831.  Where  real  estate  within  the  said  City  has  been  or  may 
be  divided  according  to  law  among  heirs,  legatees,  joint  tenants 
or  tenants  in  common,  entitled  to  the  same,  and  such  division 
calls  for  any  of  the  streets,  lanes  or  alleys,  of  any  part  thereof 


3J5 

surveyed  and  laid  off  under  the  Act  of  1817,  chapter  148,  or 
reserves  any  of  the  said  streets,  lanes  or  alleys,  or  any  part 
thereof,  as  open,  and  divides  such  estate  with  reference  thereto, 
the  Mayor  and  City  Council  of  Baltimore  may,  on  application 
of  one  or  more  persons  interested  in  the  ground  to  be  taken  on 
such  application,  adopt  and  sanction  by  ordinance  the  principle 
under  which  such  division  was  had,  and  open  any  of  the  said 
streets,  lanes  or  alleys,  or  any  parts  thereof,  in  the  said  division 
reserved  or  recognized;  provided,  at  least  one  week's  notice  in 
the  newspapers  of  said  City  (the  cost  of  the  advertisement  to  be 
paid  by  the  applicants),  be  given  of  such  application  before  any 
such  ordinance  shall  pass. 

832.  All  the  streets,  lanes  or  alleys  opened  in  the  manner 
directed  in  the  preceding  section  shall  be  public  highways,  and 
be  subject  to  the  laws,  regulations  and  ordinances  applicable  to 
public  streets,  lanes  or  alleys,  or  parts  thereof,  in  said  City. 

833.  They    may,  on  application  of  the  owners  of  a  ma 
jority  of  feet  in  front  of  any  private  wharf,  dock,  street,  lane  01 
alley,  cause  the  same  to  be  paved,  cleaned  out,  mended  or  other- 
wise repaved  or  kept  in  good  condition  or  repair,  and  may  im- 
pose upon  and  collect  from  all  the  proprietors  of  the  property 
so  to  be  cleaned  out  or  repaired,  a  tax  sufficient  in  amount  to 
defray  the  expenses  thereof,  which  shall  be  assessed  upon  the 
proprietors  in  proportion  to  the  number  of  feet  held  by  them, 
respectively,  in  front  or  length,  and  shall  be  collected  by  the 
Mayor  and  City  Council  of  Baltimore  as  taxes  levied  for  paving 
public  streets. 

834.  Whenever  the  Commissioner  of  Health  shall  certify  in 
writing  to  the  Mayor  that  it  is  necessary  for  the  health  of  the 
City  to  alter  the  grade  of  any  street,  lane  or  alley  on  low  or 
made  ground,  the  Mayor  shall  issue  his  order  to  the  City  Engi- 
neer, who   shall  thereupon   call   upon   the   several   property- 
holders  on  such  street,  lane  or  alley,  and  procure  from  them 
their  assent  in  writing  to  such  alteration;  and  if  any  property- 
holder  shall  refuse  to  permit  the  same  to  be  graded,  and  shall 
require  damages  therefor,  and  cannot  agree  with  the  City  Engi- 
neer as  to  the  amount  of  damages,  or  should  there  be  any 


326 

legal  disability  on  the  part  of  those  owning  property  on  such 
street,  lane  or  alley,  the  Judge  of  the  Baltimore  City  Court,  on 
application  of  the  corporation,  shall  appoint  three  disinterested 
persons  to  assess  such  damages,  who  shall  return  on  oath  their 
award  to  said  court,  and  the  same  shall  be  confirmed  by  the 
court  unless  cause  to  the  contrary  be  shown;  in  which  case  the 
court  shall  at  the  first  term  thereafter  decide  finally  thereon; 
and  when  the  damages  so  assessed  or  agreed  upon  shall  be  paid 
by  the  Mayor  and  City  Council  of  Baltimore  to  the  persons  so 
assessed,  and  legally  entitled  to  receive  the  same,  the  Mayor 
and  City  Council  of  Baltimore  may  proceed  to  regrade  and 
pave  the  said  street,  lane  or  alley. 

835.  The  president,  directors  and  companies  of  the  differ- 
ent turnpike  companies  owning  roads  running  into  the  City  of 
Baltimore,  may  cede  to  said  City  such  parts  of  said  roads  as 
lie  within  the  corporate  limits  of  said  City ;  and  the  same,  when 
ceded,  shall  be  in  all  respects  subject  to  the  same  regulations 
as  unpaved  public  streets. 

836.  The  Mayor  and  City  Council  of  Baltimore  be  and  it 
is  hereby  authorized  and  empowered  to  accept  from  the  owners 
thereof,  a  deed  of  the  land  lying  in  the  bed  of  Eutaw  Place  ex- 
tended, between  North  avenue  on  the  southeast  and  Druid 
Hill  Park  on  the  northwest,  in  consideration  of  an  agreement 
on  the  part  of  said  grantee,  to  be  incorporated  therein,  that  no 
street  car  or  other  railroad  tracks  shall  at  any  time  thereafter 
be  located  or  placed  on  any  part  thereof. 

837.  That  upon  the  execution  of  said  deed  and  acceptance 
thereof  by  the  Mayor  and  City  Council  of  Baltimore  embody- 
ing said  contract  prohibiting  the  locating  or  placing  car  tracks 
upon  any  part  of  the  land  so  to  be  granted,  the  said  contract 
shall  be  and  is  hereby  declared  to  be  forever  thereafter  inviola- 
ble; provided,  however,  that  nothing  herein  contained  shall 
prevent  the  Mayor  and  City  Council  of  Baltimore  from  author- 
izing by  ordinance  the  location  or  construction  of  car  tracks  on 
such  part  of  the  bed  of  said  street  as  are  contained  within  the 
limits  of  intersecting  or  cross  streets  that  are  now  or  may  here- 
after be  provided  for  by  ordinance  of  said  Mayor  and  City 
Council  of  Baltimore. 


327 


North  Avenue. 

838.  The  bed  of  North  avenue,  throughout  its  entire  length, 
shall  in  all  respects  be  hereafter  held  as  the  bed  of  any  other 
street  or  avenue  in  Baltimore  City,  so  far  as  the  same  be  laid 
•down  on  Poppleton's  map  of  Baltimore  City,  and  subject  to  all 
the  conditions  or  requirements  of  any  other  street  or  avenue  in 
said  City;  and  any  and  all  of  the  ground  fronting  thereon, 
-whether  in  Baltimore  City  or  County,  shall,  in  the  event  of  said 
-avenue,  or  any  part  thereof,  being  graded,  curbed,  paved, 
shelled,  graveled,  or  in  any  like  manner  improved,  be  subject 
to  the  same  assessment  for  the  cost  of  said  grading,  curbing, 
paving,  graveling,  shelling,  or  like  improvement,  as  would  be 
the  case  with  ground  fronting  on  any  other  street  or  avenue  in 
the  City,  similarly  to  be  improved  as  aforesaid;  and  such  ground 
and  the  owners  and  representatives  thereof  shall  in  such  event 
be  held  liable  for  said  assessments,  and  the  said  avenue  be  sub- 
ject to  all  the  Acts  of  Assembly  and  ordinances  of  the  Mayor 
:and  City  Council  of  Baltimore  which  are  now  or  may  be  here- 
after in  force  and  applicable  for  grading,  curbing,  paving, 
graveling,  shelling  or  any  like  improvement  of  streets  or  ave- 
Tiues  in  Baltimore  City. 


Bridges  and  Highways. 

839.  The  bridges  which  the  County  Commissioners  of  Bal- 
timore County  have  heretofore  agreed  to  build  within  the  limits 
-of  the  territory  which  has  become  annexed  to  Baltimore  City 
under  the  Act  of  1888,  chapter  98,  shall  be  completed  by  the 
City  of  Baltimore;  and  all  bridges  within  the  limits  of  said  terri- 
tory- shall  be  maintained  and  kept  in  repair  for  public  travel  at 
the  expense  of  Baltimore  City ;  all  bridges  crossing  the  Patapsco 
river  from  said  City,  including  the  bridge  known  as  the  "Long" 
or  Light  Street  Bridge,  shall  be  maintained  and  kept  in  repair 

for  public  travel  at  the  sole  expense  of  the  said  City  of  Balti- 
more. 

840.  NO  avenues,  streets  or  alleys  within  the  territory  an- 
nexed to  the  City  of  Baltimore  by  the  Act  of  1888,  chapter  98, 


328 

shall  hereafter  be  opened,  established  or  condemned,  nor  shall 
the  dedication  of  any  avenue,  street  or  alley  hereafter  made  in 
said  territory  be  accepted  by  the  Mayor  and  City  Council 
of  Baltimore,  unless  the  lines  and  grades  of  said  avenues,  streets 
or  alleys  be  opened,  established,  condemned  or  dedicated  to 
conform  to  the  plans,  plats  and  surveys,  defined  by  the  topo- 
graphical survey  of  the  City  of  Baltimore,  prepared  under 
the  supervision  of  Henry  T.  Douglas,  chief  engineer,  unless 
otherwise  provided  in  an  Act  of  Assembly;  provided,  that  the 
plan  of  said  topographical  survey  shall  be  approved  by  an  ordi- 
nance or  formal  resolution  of  the  Mayor  and  City  Council  o£ 
Baltimore. 

841-  All  streets,  avenues  or  alleys  lying  in  that  portion  of 
Baltimore  City,  formerly  constituting  a  portion  of  Baltimore 
County,  and  in  pursuance  of  the  Act  of  the  General  Assembly 
of  Maryland  of  1888,  chapter  98,  recently  annexed  to  the  said 
City  of  Baltimore,  which  had  prior  to  such  annexation  become 
streets,  avenues  or  alleys  in  Baltimore  County,  whether  by  deed 
or  dedication,  shall  be  held  for  all  purposes  to  validly  consti- 
tute streets,  avenues  or  alleys  of  Baltimore  City,  in  all  respects 
as  if  the  same  had  been  legally  condemned  as  such  by  the  Mayor 
and  City  Council  of  Baltimore. 


SURVEYOR. 

842.  A  copy  of  the  plat  of  the  City  of  Baltimore  from  the 
record  thereof  in  the  Mayor's  office,  or  from  the  record  thereof 
in  the  office  of  the  Clerk  of  the  Superior  Court  of  Baltimore 
City,  duly  certified  under  seal  by  the  keeper  of  such  records,, 
respectively,  shall  be  evidence. 


TAXES. 

843.  All  taxes  now  levied,  or  which  hereafter  may  be  levied 
in  the  City  of  Baltimore,  shall  be  collected  within  four  years 
from  the  levying  of  the  same;  and  the  collection  of  taxes  shall 
not  be  enforced  by  law  after  the  lapse  of  said  four  years,  and 


329 

the  party  from  whom  said  taxes  may  be  demanded  may  plead 
this  section  in  bar  of  any  recovery  of  the  same.  Any  person 
enforcing  or  attempting  to  enforce  the  collection  of  any  tax 
after  the  lapse  of  four  years,  shall  be  liable  to  a  penalty  of 
twenty  dollars  for  each  and  every  offence,  recoverable  before  a 
Justice  of  the  Peace,  in  the  name  of  the  State,  one-half  to  the 
informer,  the  other  half  to  the  City  of  Baltimore. 


TENANTS  FOR  YEARS  OR  LESS  OR  AT  WILL. 

844.  Where  any  lands  or  tenements  in  the  City  of  Balti- 
more are  held  from  year  to  year,  the  tenancy  shall  be  terminated 
if  the  lessor  give  to  the  tenant  ninety  days'  notice  before  the 
end  of  the  year. 

845«  If  any  land  be  held  in  said  City  under  a  lease  for  a 
month,  or  any  less  period  than  a  year,  and  the  tenant  continues 
to  occupy  under  such  lease  after  its  expiration,  he  shall  be 
deemed  a  tenant  for  such  period  as  the  premises  were  originally 
leased  to  him,  and  so  from  such  period  to  such  period;  and  if 
his  landlord  give  him  thirty  days'  notice  before  the  termination 
of  any  period  of  his  tenancy,  it  shall  terminate  such  tenancy. 

846-  If  lands  or  tenements  be  held  in  said  City  by  tenancy 
at  will,  at  sufferance  or  pur  autre  vie,  thirty  days'  notice  by  the 
landlord  or  reversioner  to  the  tenant  or  occupant  shall  termi- 
nate such  tenancy  at  the  expiration  of  thirty  days. 


Any  of  the  tenancies  mentioned  in  the  three  preceding 
sections  may  be  terminated  by  the  tenant's  giving  notice  to  the 
landlord  thirty  days  previous  to  the  end  of  the  year,  or  other 
period  for  which  he  holds  the  same. 

848.  The  notice  required  by  the  preceding  sections  shall  be 
in  writing  and  served  on  the  tenant,  or  left  at  his  place  of  abode 
or  business,  or  served  on  his  agent  or  servant,  or  served  on  any 
occupant  of  the  premises;  and  if  there  be  no  person  living  on 
the  premises  the  same  may  be  served  by  being  set  up  on  a  con- 
spicuous part  of  the  premises. 


330 

849-  Such  notice  shall  be  sufficient  in  form  if  it  contains  a 
request  by  the  landlord  to  the  tenant  to  leave  the  premises,  or 
if  it  state  the  intention  of  the  tenant  to  leave  the  same,  and  it 
need  not  state  the  time  when  the  tenant  is  requested  to  leave  the 
same,  or  when  the  tenant  intends  to  do  so. 

85°-  Such  notice,  without  any  additional  notice,  shall  en- 
title the  landlord  to  the  benefit  of  the  law  providing  for  the 
speedy  recovery  of  the  possession  of  lands  or  tenements  held 
over  by  tenants. 

851.  If  by  agreement  of  the  parties  the  time  and  manner  of 
notice  is  specified,  such  notice  shall  be  given  as  the  agreement 
provides,  and  when  given  by  the  landlord,  shall  entitle  him  to 
all  the  benefits  of  the  preceding  sections,  without  any  other 
notice. 

852.  One  Justice  of  the  Peace  of  said  City  shall  have  all 
the  powers  conferred  upon  two  justices  and  a  jury  by  the  Public 
General  Laws  in  relation  to  landlords  and  tenants,  subject  to 
appeal  as  in  other  cases  of  judgments  by  Justices  of  the  Peace 
in  said  City. 

853.  if  the  summons  issued  for  the  tenant  in  a  proceeding 
to  dispossess  him  be  returned  non  est,  a  second  summons,  re- 
turnable in  not  less  than  five  days  shall  be  issued,  and  if  the 
tenant  shall  not  be  found,  a  copy  of  the  second  summons  shall 
be  left  with  the  occupant  of  the  premises,  or  if  they  be  vacant, 
affixed  to  some  principal  building,  or  if  no  building,  then  set 
up  on  the  premises ;  and  on  the  day  assigned  in  the  summons 
for  the  appearance  of  the  party  the  Justice  shall  proceed  as  if 
he  had  appeared. 

854.  The  landlord  or  reversioner  may  file  with  the  Justice 
interrogatories  to  be  answered  by  the  tenant  touching  the 
tenancy  or  notice,  or  for  any  other  matter  of  evidence  in  sup- 
port of  the  pretensions  of  said  landlord  or  reversioner,  in  and 
about  such  proceeding. 

855.  if  a  copy  of  such  interrogatories  be  served  on  the 
tenant,  he  shall  answer  the  same  before  the  third  day,  exclu- 


331 

sive  of  the  day  of  service;  and  upon  his  failure  to  answer  the 
matters  inquired  of  by  such  interrogatories,  they  shall  be  taken 
as  confessed  by  him;  but  on  cause  shown,  the  Justice  may  give 
further  time  for  answering,  not  exceeding  eight  days  in  the 
whole,  from  and  exclusive  of  the  day  of  service. 

856.  The  copies  of  said  interrogatories  may  be  served  in 
the  same  manner  that  notices  to  quit  are  directed  to  be  served. 

857-  If  in  any  proceeding  by  a  landlord  to  dispossess  a 
tenant  the  judgment  be  in  his  favor,  the  Justice  shall  assess 
against  the  tenant  holding  over  the  premises,  damages  not  ex- 
ceeding double  the  rate  of  the  rent  of  said  tenancy,  and  also 
for  the  expenses  of  said  landlord  or  reversioner  in  and  about 
said  proceeding,  over  and  above  the  legal  costs  thereof,  and 
shall  render  a  judgment  therefor  in  favor  of  the  lessor  or  re- 
versioner, to  be  enforced  by  execution. 

858.  if  the  Justice  shall  find  against  the  landlord  or  rever- 
sioner he  shall  assess  such  damages  as  he  shall  deem  just  to  be 
paid  by  him  to  the  tenant,  for  which,  and  costs,  judgment  shall 
be  rendered  and  enforced  as  aforesaid. 

859.  in  aii  cases  the  tenancy  mentioned  in  this  sub-division 
of  this  Article,  if  the  tenant,  after  notice,  fail  to  quit  at  the  end 
of  the  term,  or  at  a  period  when  he  shall  begin  as  aforesaid  to 
be  holding  over,  such  tenant,  his  executors  or  administrators, 
may,  at  the  election  of  the  lessor,  his  heirs,  executors,  admin- 
istrators or  assigns,  be  held  as  a  tenant  and  bound  to  pay 
double  the  rent  to  which  the  said  tenancy  was  subject,  and 
payable  and  recoverable  in  all  respects  and  to  every  effect  as  if, 
by  the  original  agreement  or  the  understanding  as  to  such  ten- 
ancy, said  double  rent  were  the  reserved  rent  of  the  demised 
premises,  according  to  the  terms  and  conditions  of  payment  of 
•such  originally  reserved  rent. 

860.  An  appeal  may  be  prosecuted  from  any  judgment  of 
a  Justice  of  the  Peace  rendered  under  the  provisions  of  this  sub- 
division of  this  Article  to  the  Baltimore  City  Court,   in  the 
manner  and  under  the  rules  prescribed  in  cases  within  the  ordi- 

5 


332 

nary  jurisdiction  of  Justices  of  the  Peace;  the  tenant,  or  his 
executors  or  administrators,  in  order  to  stay  any  execution  of 
the  judgment  against  them,  giving,  on  such  appeals,  bond  with 
security,  with  condition  to  prosecute  the  appeal  with  effect, 
and  to  answer  to  the  landlord,  his  executors  and  administrators, 
all  costs  and  damages  mentioned  in  the  judgment,  and  such  as 
shall  be  further  incurred  and  sustained  by  reason  of  said  appeal 
and  the  delay  thence  arising. 

861-  Such  cases  shall  not  be  removable  to  the  Baltimore 
City  Court,  at  any  stage  thereof,  save  by  and  upon  appeal  as 
aforesaid. 

862.  No  proceeding  to  dispossess  a  tenant  holding  over, 
had  before  any  Justice  of  the  Peace  and  removed  by  appeal  to 
the  Baltimore  City  Court,  shall  by  such  court  be  reversed  or 
set  aside  for  matter  of  form;  and  any  case  thus  removed  by 
appeal,  if  the  proceeding  thereunder  shall  be  set  aside  or  ap- 
pear to  be  substantially  defective,  shall  be  proceeded  with  in 
said  court  in  the  same  manner  and  to  the  same  effect,  upon  the 
claim  and  complaint  and  merits,  and  upon  evidence  to  be  ad- 
duced therein  as  it  was  or  might  have  been  competent  to  said 
Justice  of  the  Peace  to  have  proceeded  therewith. 

863.  Every  such  appeal  shall  be  tried  and  finally  deter- 
mined and  proceeded  with  at  the  first  term  to  which  such  case 
shall  be  removed  to  the  said  court,  unless  for  cause  shown  upon 
affidavit  the  court  shall  otherwise  order. 

864.  The  provisions  of  the  preceding  sections  of  this  sub- 
division of  this  Article,  relating  to  tenants  holding  over,  shall 
extend  to  the  heirs,  executors  and  assigns  of  lessors  and  rever- 
sioners,  and  to  the  executors  and  all  persons  holding  under 
tenants,  and  to  all  cases  where  there  are  two  or  more  tenants, 
in  which  case  each  tenant  shall  be  entitled  to  the  notices  and 
the  benefit  of  each  condition  contained  in  the  preceding  sec- 
tions of  this  sub-division  of  this  Article. 

VAGRANTS,    PAUPERS,    BEGGARS,    VAGABONDS    AND    DISORDERLY 

PERSONS. 

865.  The  Judge  of  the  Criminal  Court  of  Baltimore,  or  any 
Justice  of  the  Peace  of  the  City  of  Baltimore,  upon  informa- 


333 

tion  that  any  person  in  said  City  is  a  pauper,  an  habitual  beg- 
gar, a  vagrant,  a  vagabond  or  disorderly  person,  shall  issue  a 
warrant  or  order,  to  be  directed  to  the  Sheriff  or  any  constable 
or  police  officer  of  said  City,  commanding  him  to  bring  the 
person  against  whom  the  information  is  given,  before  said 
Court  or  said  Justice  on  a  day  to  be  named  therein,  not  more 
than  one  week  from  the  date  of  the  warrant,  to  answer  to  the 
said  charge. 

866.  Every  person  who  has  no  visible  means  of  mainte- 
nance from  property  or  personal  labor,  or  is  not  permanently 
supported  by  his  or  her  friends  or  relatives,  and  lives  idle,  with- 
out employment,  shall  be  deemed  a  pauper;  and  every  person 
who  habitually  wanders  about  and  begs  in  the  streets,  or  from 
house  to  house,  or  sits,  stands  or  takes  a  position  in  any  place 
and  begs  from  passers-by,  either  by  words  or  gestures,  shall  be 
deemed  an  habitual  beggar;  and  every  person  who  wanders 
about  and  lodges  in  outhouses,  market-places,  or  other  public 
buildings  or  places,  or  in  the  open  air,  and  has  no  permanent 
place  of  abode,  or  visible  means   of  maintenance,   shall  be 
deemed  a  vagrant ;  and  every  person  who  leads  a  dissolute  and 
disorderly  course  of  life,  and  cannot  give  an  account  of  the 
means  by  which  he  procures  a  livelihood,  and  every  fortune- 
teller or  common  gambler,  shall  be  deemed  a  vagabond  or  dis- 
orderly person. 

867.  Police  officers,  acting  on  the  request  of  any  person,  or 
upon  their  own  information  or  belief,  shall,  without  a  warrant, 
arrest  and  carry  before  a  station-house  Justice  for  examination 
any  such  pauper,  habitual  beggar,  vagrant,  vagabond  or  dis- 
orderly person,  and  make  complaint  against  him  ;    provided, 
that  in  all  cases  where  such  arrest  is  made  on  request  of  any 
person  and  without  warrant,  the  officer  making  the  arrest  shall 
require  the  person  requesting  it  to  forthwith  appear  before  said 
Justice  and  prefer  a  charge,  under  oath,  against  the  person  so 
arrested. 

868.  The  said  Court  or  said  Justice,  upon  proof  that  any 
person  is  a  pauper,  an  habitual  beggar,  a  vagrant,  or  a  vaga- 
bond as  aforesaid,  shall  in  the  discretion  of  the  said  Court  or 
Justice  commit  said  pauper,  habitual  beggar,  vagrant  or  vaga- 


334 

bond  to  the  Maryland  House  of  Correction,  or  to  such  other 
suitable  place  as  may  hereafter  be  provided  for  said  purpose  by 
the  Mayor  and  City  Council  of  Baltimore ;  provided,  that  any 
person  found  to  be  a  pauper  or  an  habitual  beggar  who  may  not 
be  able-bodied,  but  aged,  or  seriously  crippled  or  infirm,  may  in 
the  discretion  of  said  Court  or  Justice  be  committed  to  the  Alms- 
house  for  said  City ;  and  that  any  minor  committed  under  this 
Section  may  be  sent  to  any  reformatory  institution  to  which 
minors  may  be  committed  under  Article  27  of  the  Code  of  Pub- 
lic General  Laws. 

869.  Whenever  any  house  of  refuge,  house  of  correction, 
workhouse  or  other  house,  building  or  place  shall  be  provided 
by  the  Mayor  and  City  Council  of  Baltimore,  to  which  persons 
convicted  under  this  sub-division  of  this  Article  may  be  sent, 
the  said  Court  or  said  Justice  may  send  them  to  any  such  house, 
building  or  place,  if  the  Judge  of  said  Court  or  said  Justice  con- 
sider it  to  be  a  more  suitable  place  for  the  purpose  than  the 
Almshouse. 

870.  The  Supervisors  of  City  Charities,  or  the  officers  of 
places  respectively  to  which  persons  convicted  under  the  two 
preceding  sections  may  be  sent,  shall  keep  them  during  the 
lime  for  which  they  are  to  be  kept,  so  that  they  cannot  escape 
from  said  places. 

871.  The  said  Supervisors  of  City  Charities  or  other  officers 
respectively  shall  put  such  of  said  persons  so  convicted  as  are 
able  to  work,  to  the  work  which  they  are  best  able  to  do. 

872.  The  time  for  which  any  person  shall  be  sent  to  the 
almshouse,  the  Maryland  House  of  Correction  or  other  place, 
as  provided  by  section  868  of  this  Article,  shall  not  be  less  than 
one  week  nor  more  than  two  months  for  the  first  conviction, 
and  not  less  than  one  month  nor  more  than  six  months  for  the 
second  conviction,  and  not  less  than  six  months  nor  more  than 
twelve  months  for  the  third  or  any  subsequent  conviction. 

873.  The  Supervisors  of  City  Charities  or  the  managers  of 
the  House  of  Refuge  or  officers  of  the  other  places  to  which 
persons  may  be  sent  as  aforesaid,  shall  respectively  have  the 
right  to  make  all  proper  rules  and  regulations  for  the  purpose 
of  carrying  out  the  aforesaid  provisions. 


335 

874.  Whenever  any   minor  shall   be  brought  before   the 
Judge  or  Justice  as  aforesaid,  the  parents  or  guardians  of  such 
minor,  if  they  be  resident  within  the  City  of  Baltimore,  and 
their  names  and  place  of  residence  be  made  known  to  such 
Judge  or  Justice,  shall  be  summoned  to  show  cause,  if  any  they 
have,  why  such  minor  should  not  be  sent  to  the  almshouse  or 
other  suitable  place,  or  be  otherwise  punished  according  to  law. 

875.  The  said  Judge  or  Justice  shall,  if  a  suitable  master  or 
mistress  can  be  found,  and  he  judges  it  best  for  the  minor,  bind 
such  minor  an  apprentice  to  some  useful  art,  trade  or  occupa- 
tion, in  the  same  manner  and  on  the  same  conditions  as  appren- 
tices may  now  be  bound  by  the  laws  of  this  State. 

876.  Every  unmarried  male  under  twenty-one  years  of  age, 
and  unmarried  female  under  eighteen  years  of  age,  shall  be 
considered  minors  within  the  meaning  of  the  preceding  section^ 

877.  The  Orphans'  Court  of  Baltimore  City  shall  have  con- 
current jurisdiction  over  all  cases  of  minors  under  the  pre- 
ceding sections  of  this  sub-division  of  this  Article,  and  exercise 
all  the  powers   in   relation  to   them   which  are   hereinbefore 
granted  to  the  Criminal  Court  and  to  Justices  of  the  Peace  of. 
said  City. 

878.  The  Criminal  Court  of  Baltimore  shall  try  all  cases 
which  may  be  brought  before  it  in  relation  to  vagrants  and 
beggars,  in  the  same  manner  and  at  the  same  time  as  cases  for 
assault  and  battery  are  now  tried  by  said  Court;  provided,  that 
the  trial  shall  be  by  jury,  if  demanded  by  the  party  charged. 

879.  if  in  any  case  which  may  be  brought  before  a  Justice 
of  the  Peace,  or  before  the  Orphans'  Court,  the  party  charged 
shall  demand  a  jury  trial,  the  said  Justice  or  said  Court  shall 
certify  said  case  to  the  Criminal  Court  of  Baltimore,  to  be  pro- 
ceeded with  and  tried  by  said  Court  in  the  same  manner  as  if 
the  case  had  been  originally  brought  before  said  Court. 

880.  The  Justice  of  the  Peace  and  the  Clerk  of  the  Criminal 
Court  and  Register  of  Wills  of  the  Orphans'  Court  aforesaid, 
respectively,  shall  receive  the  sum  of  twenty-five  cents  for  issu- 


336 

ing  every  warrant,  and  fifty  cents  for  making  out  every  commit- 
ment or  indenture  of  apprenticeship  of  such  vagrants  or  beg- 
gars; and  the  constable,  Sheriff  or  police  officer,  for  serving 
said  warrant  and  bringing  the  person  charged  before  either  of 
said  Courts,  or  before  said  Justice,  shall  receive  the  sum  of 
fifty  cents,  and  for  carrying  any  person  committed  to  the  place 
of  commitment,  the  sum  of  fifty  cents,  which  several  sums  shall 
be  paid  as  other  costs  in  criminal  cases  are  now  paid ;  but  either 
of  said  Courts  or  said  Justice  may  at  discretion,  adjudge  that 
the  said  costs  shall  be  paid  by  the  informer,  in  cases  where  the 
person  charged  is  acquitted. 

VAGRANT   CHILDREN. 

881.  No  minor,  if  a  girl,  under  the  age  of  sixteen  years, 
and  if  a  boy,  under  the  age  of  fourteen  years,  shall  be  admitted 
or  permitted  to  remain  in  any  saloon,  place  of  entertainment 
or  amusement  known  as  dance-houses,  concert  saloon,  theatre 
or  varieties,  where  immoral,  indecent,  obscene  or  vulgar  lan- 
guage, display  or  performance  is  permitted,  allowed  or  carried 
on,  or  where  any  spirituous  liquors,  wines,  intoxicating  or  malt 
liquors  are  sold,  exchanged  or  given  away,  unless  accompanied 
by  parents  or  guardian.     Any  proprietor,  keeper  or  manager  of 
any  such  place  who  shall  admit  such  minor  to  or  permit  him  or 
her  to  remain  in  such  place,  unless  accompanied  by  parent  or 
guardian,  shall  be  guilty  of  a  misdemeanor,  and  shall,  upon 
conviction  by  any  court  of  competent  jurisdiction,  be  fined  ten 
dollars  and  costs  for  each  and  every  offence. 

882.  Every  person  having  the  custody  of  any  girl  under 
the  age  of  sixteen  years  and  of  any  boy  under  the  age  of  four- 
teen years  shall  restrain  such  child  from  habitually  begging, 
whether  actually  begging  or  under  the  pretence  of  peddling. 
Any  person  offending  under  this  section  shall  be  considered 
and  deemed  as  incapable  of  taking  care  of  and  providing  for 
such  child,  and  such  child,  by  reason  thereof,  be  deemed  as 
coming  within  the  conditions  of  the  next  succeeding  section. 

883.  Any  girl  apparently  under  the  age  of  sixteen  years, 
and  any  boy  apparently  under  the  age  of  fourteen  years,  that 
comes  within  any  of  the  following  descriptions  named :     that  is 


337 

known  to  be  habitually  begging  or  receiving  alms,  whether 
actually  begging  or  under  the  pretence  of  peddling  or  offering 
for  sale  anything,  or  being  in  any  street,  road  or  public  place 
for  the  purpose  of  so  begging,  gathering  or  receiving  alms; 
that  is  found  wandering  and  not  having  any  home  or  settled 
place  of  abode  or  proper  guardianship  or  visible  means  of  sub- 
sistence; that  is  found  destitute,  either  being  an  orphan  or  hav- 
ing a  vicious  parent  who  is  undergoing  penal  servitude  or  im- 
prisonment; that  frequents  the  company  of  reputed  thieves  or 
prostitutes,  or  houses  of  assignation  or  prostitution,  or  dance- 
houses,  concert  saloons,  varieties,  or  places  specified  in  section 
&8i  hereof,  without  a  parent  or  guardian,  shall  be  arrested  and 
brought  before  a  Court  or  Justice  of  the  Peace.  When,  upon 
examination  before  a  Court  or  Justice  of  the  Peace  it  shall  ap- 
pear that  any  such  child  has  been  engaged  in  any  of  the  afore- 
said acts,  or  comes  within  any  of  the  aforesaid  descriptions, 
such  Court  or  Justice,  when  he  shall  deem  expedient  for  the 
welfare  of  the  child,  shall  commit  such  child  to  an  orphan 
asylum,  charitable  or  other  institute,  or  make  such  other  dispo- 
sition thereof  as  now  is  or  may  hereafter  be  provided  by  law  in 
case  of  vagrants,  truant,  disorderly,  pauper  or  destitute  chil- 
dren; provided,  however,  that  none  of  the  provisions  of  this 
sub-division  of  this  Article  shall  be  construed  so  as  to  prevent 
children  from  selling  or  offering  for  sale  newspapers. 

884-  Any  person  representing  himself  or  herself  to  be,  or 
passing  himself  or  herself  off  as  the  parent  or  guardian  of  a 
child  or  children  referred  to  in  any  of  the  aforesaid  sections  of 
this  sub-division  of  this  Article,  when  it  shall  appear  that  such 
person  is  not  either  the  parent  or  guardian  of  said  child,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  by 
any  court  of  competent  jurisdiction  shall  be  fined  not  more 
than  twenty  dollars  and  costs  for  each  and  every  offence. 

Boys'  Home. 

885.  The  special  objects  and  purposes  of  the  Boys'  Home 
Society  shall  be  to  shelter  and  protect  distitute  and  homeless 
boys,  to  furnish  them  with  food,  raiment  and  lodging,,  to  stim- 
ulate them  to  honest  efforts  to  earn  a  livelihood,  to  instruct 
them  after  working  hours  in  moral  and  religious  truths  and  in 


338 

the  rudiments  of  education,  to  aid  and  encourage  them  out  of 
vagrancy  and  ignorance,  to  raise  them  up  into  a  better  life  of 
virtue,  industry  and  usefulness,  and  generally  to  stand  in  the: 
relation  of  parent  to  such  homeless  boys. 

886.  The  Boys'  Home  shall  have  authority  to  procure  the 
commitment  of  any  minor  in  the  Home,  either  to  the  House  of 
Refuge  or  to  any  other  reformatory  institution,  in  all  cases 
where,  by  reason  of  incorrigible  or  vicious  conduct  such  minor 
has  rendered  his  control  beyond  the  power  of  the  superintend- 
ent of  said  Home,  and  made  it  manifestly  requisite  that  from 
regard  for  the  morals  and  future  welfare  of  such  minor  and  the 
peace  and  order  of  society  he  should  be  placed  in  such  reforma- 
tory institution;  and  the  said  society  shall  proceed  in  all  such 
cases  in  the  same  manner  in  all  respects  as  the  parent  or  guar- 
dian of  such  minor  might  or  could  do  under  existing  laws. 

887.  The  said  society  shall  have  power  to  place  the  boys 
committed  to  their  care,  during  the  minority  of  such  boys,  at: 
such  employments  and  cause  them  to  be  instructed  in  such 
branches  of  useful  knowledge  as  may  be  suited  to  their  years 
and  capacities. 

Dolan  Children's  Aid  Society. 

888.  The  Dolan  Children's  Aid  Society,  under  the  charge 
of  the  Young  Catholics7  Friend  Society,  may  exercise  all  the 
powers  conferred  by  law  upon  any  other  children's  aid  society 
in  the  City  of  Baltimore. 

Hebrew  Orphan  Asylum. 

889.  The  Hebrew  Orphan  Asylum  of  Baltimore  City,  and 
the   officers  and  board  of  directors   thereof,   subject  to   the 
power  hereinbefore  in  this  Article  conferred  upon  the  Super- 
visors of  City  Charities,  shall  have  the  exclusive  care,  charge, 
custody   and    control   of  all   children   whom    they   shall    re- 
ceive into  said  asylum,  until  they  shall  be,  if  males,  twenty- 
one  years  old;  if  females,  eighteen  years  old,  or  any  shorter 
period  for  which  they  may  be  received  by  said  corporation; 
and  to  bind  them  out  for  a  time  not  exceeding  said  ages  of 


339 

twenty-one  and  eighteen  years,  respectively,  or  such  shorter 
period  as  aforesaid,  as  apprentices  to  learn  any  profession, 
trade,  business  or  useful  occupation;  or  may,  under  terms 
proper  in  the  view  of  the  said  officers  and  board  of  directors, 
and  to  be  stipulated  by  them,  place  them  for  adoption,  or  as 
inmates  with  any  families  or  persons;  said  corporation,  in  the 
exercise  of  any  of  these  powers  of  binding  or  placing  out,  not 
being  limited  to  places  within  this  State;  and  all  such  acts  of 
binding  or  placing  out  being  required  to  be  in  writing,  signed 
by  the  president  or  vice-president  of  said  corporation,  and  by 
the  persons  taking  the  children  as  apprentices  as  aforesaid,  and 
acknowledged  by  said  signers  before  a  Justice  of  the  Peace  of 
Baltimore  City,  Notary  Public,  or  a  Commissioner  of  Deeds  of 
the  State  of  Maryland,  and  recorded  in  the  office  of  the  Register 
of  Wills  of  Baltimore  City. 

Home  of  the  Friendless. 

890.  The  Justices  of  the  Peace  for  Baltimore  City  may 
commit  to  or  the  Supervisors  of  Charities  may  place  in  the  care 
and  charge  of  the  Home  of  the  Friendless,  instead  of  sending  to 
the  almshouse,  all  children,  whether  male  or  female,  who  are 
destitute  or  suffering  for  want  of  support,  or  who  may  be  found 
begging  about  the  streets  of  the  City,  or  who  are  children  of 
beggars 

891.  The    Home   of   the    Friendless,    and    the    managers 
thereof,   subject  to  the  powers  hereinbefore   in   this   Article 
conferred  on  the  Supervisors  of  City  Charities,   may   retain 
the  said  children  under  their  care  until  they  shall  be  eigh- 
teen years  of  age,  or  for  any  shorter  period,  and  may  bind 
them  out  for  a  time  not  to  exceed  the  age  of  eighteen  years 
in  the  case  of  females,  and  of  twenty-one  years  in  the  case 
of  males,  as  apprentices  to  learn  any  trade  or  business,  or  in 
the  case  of  females,  also  to  learn  to  be  useful  in  housewifery,  or 
may  under  terms  proper,  in  view  of  the  said  managers,  and  to 
be  stipulated  by  them,  place  them  for  adoption,  or  as  inmates 
with  any  families  or  persons;  and  the  said  corporation  in  the 
exercise  of  any  of  the  powers  vested  in  them  by  this  section, 
of  binding  or  placing  out  said  minors,  shall  not  be  limited  to 
places  within  the  State. 


340 

892.  All  instruments  binding  or  placing  out  said  children 
shall  be  in  writing,  signed  by  the  president  and  at  least  two 
managers  of  said  corporation,  and  by  the  persons  taking  the 
children  as  apprentices  or  otherwise,  and  shall  be  acknowl- 
edged by  the  person  signing  the  same  before  a  Justice  of  the 
Peace  for  Baltimore  City,  and  within  six  months  from  the  date 
thereof  recorded  in  the  office  of  the  Register  of  Wills  of  said 
City. 

893-  If  any  parent  or  guardian  or  any  Judge  of  the  Or- 
phans' Court  of  Baltimore  City,  or  any  Justice  of  the  Peace  for 
said  City  shall  place  under  the  care  and  control  of  the  Home  of 
the  Friendless,  any  child,  whether  male  or  female,  under  the 
age  of  eighteen  years,  of  the  description  of  children  herein- 
before mentioned,  or  as  suffering  through  the  extreme  indi- 
gence or  vagrancy  or  bad  habits  or  neglect  of  parents,  or  from 
cruelty  of  intemperate  parents,  or  as  being  illegitimate,  or  chil- 
dren of  persons  out  of  the  State  without  sufficient  sustenance, 
the  said  corporation  and  the  managers  thereof  shall  hold  and 
control  such  children,  with  power  to  bind  or  place  them  out  as 
hereinbefore  provided,  subject,  however,  to  the  powers  herein- 
before in  this  Article  conferred  on  the  Supervisors  of  City 
Charities. 

894:-  Any  constable  or  police  officer  of  said  City,  upon  ap- 
plication of  any  manager  of  the  Home  of  the  Friendless,  or  of 
his  own  accord,  may  carry  before  any  Judge  of  the  Orphans' 
Court  for  said  City,  or  any  Justice  of  the  Peace,  any  child  of 
the  description  mentioned  in  the  preceding  section,  to  be  dealt 
with  as  therein  provided. 


Protestant  Infant  Asylum. 

895.  The  Protestant  Infant  Asylum  of  Baltimore  City,  a 
corporation  duly  incorporated  under  the  laws  of  this  State, 
subject  to  the  powers  as  hereinbefore  in  this  Article  con- 
ferred upon  the  Supervisors  of  City  Charities,  is  author- 
ized and  empowered  to  receive  into  its  custody,  care  and 
control,  all  such  foundlings  and  orphans  and  other  destitute 
infants  under  the  age  of  four  years  as  shall  be  committed,  by 


341 

instrument  of  writing,  under  the  hand  of  the  party  so  com- 
mitting to  its  keeping,  by  the  parents,  guardians  or  others  hav- 
ing the  right  of  disposition,  or  by  any  Orphans'  Court  or  Jus- 
tice of  the  Peace  of  this  State  (if  of  the  class  of  children  whom 
such  Court  or  Justice  could  lawfully  bind  out  as  apprentices, 
which  commitment  to  the  said  Protestant  Infant  Asylum  of 
Baltimore  City  such  Orphans'  Courts  and  Justices  are  hereby 
empowered  to  make),  and  retain  under  its  care,  charge  and  re- 
straint each  of  such  foundlings  and  infant  children  so  com- 
mitted to  its  keeping  until  he  or  she  shall  have  attained  the  full 
age  of  fourteen  years,  or  for  any  shorter  period,  and  at  or  before 
said  age  to  bind  out  any  and  every  one  of  said  foundlings  and 
infants  for  a  term  of  time  not  exceeding  the  age  of  twenty-one 
years,  if  the  child  be  a  male,  or  of  eighteen  years,  if  the  child  be 
a  female,  as  an  apprentice  to  learn  any  trade  or  business  suit- 
able to  the  sex  of  the  child,  or  to  learn  to  be  useful  in  house- 
wifery, or  to  place  them  for  adoption  or  as  inmates  with  any 
families  or  persons,  or  transfer  them  to  the  custody,  charge, 
care  and  training  of  any  corporate  or  other  home,  asylum  or 
other  association  authorized  by  law  to  receive  such  children, 
and  retain  or  bind  them  out  in  this  State ;  provided,  that  all  such 
acts  of  binding,  placing  or  transferring  shall  be  evidenced  by 
instrument  of  writing,  signed  by  the  president  of  said  Protest- 
ant Infant  Asylum  of  Baltimore  City,  and  by  the  person  or  cor- 
poration taking  such  child  as  apprentice,  or  for  adoption,  or 
for  subsequent  custody,  care  and  rearing,  and  by  such  signers 
acknowledged  before  a  Justice  of  the  Peace  of  this  State,  and 
within  one  month  from  the  date  thereof  recorded  in  the  office 
of  the  Register  of  Wills  of  Baltimore  City,  at  the  expense  of 
the  party  so  taking,  receiving  or  adopting;  and  provided,  also, 
that  the  said  Protestant  Infant  Asylum  of  Baltimore  City  shall 
keep  a  fair  record,  in  a  suitable  book,  of  the  admission  of  all 
children  so  received  into  its  custody  and  care,  in  which  shall 
be  stated  the  date  of  admission,  the  name  and  age  of  the  child 
at  the  time  of  admission,  the  name  of  the  person  or  Justice  by 
whom  or  the  Court  by  which  committed,  and  the  name  of  the 
nearest  relatives  when  known  to  the  corporation  or  its  officer 
charged  with  the  admission  of  inmates. 


342 


St.  Vincent's  Orpftan  Asylum. 

896.  Any  Justice  of  the  Peace  of  the  City  of  Baltimore  may 
commit  to,  or  the  Supervisors  of  City  Charities  may  place 
in  the  care  of  the  St.  Vincent's  Orphan  Asylum  of  the  City 
of  Baltimore,  foundlings  and  all  children  who  may  be  desti- 
tute or  suffering  for  want  of  support,  either  as  orphan  chil- 
dren or  because  of  the  extreme  indigence  or  vagrancy,  or  bad 
habits  or  neglect  of  parents,  or  who  may  be  found  begging 
about  the  streets  of  said  City,  or  who  may  be  the  children  of 
beggars;  provided,  however,  that  such  children  shall  be  under 
the  age  of  six  years  when  so  committed,  and  that  the  commit- 
ment shall  be  in  writing,  signed  by  the  person  making  the  same. 

897.  All  children  who  shall  be  committed  or  placed  as 
aforesaid,  subject  to  the  powers  hereinbefore  in  this  Article 
conferred  on  the  Supervisors  of  City  Charities,  shall  remain 
subject  to  the  power  and  control  of  the  officers  and  direc- 
tors of  said  asylum,  and  may  be  bound  or  apprenticed  or 
otherwise  disposed  of  by  said  officers  and  directors,  as  fully 
and  in  the  same  manner  as  is  provided  for  the  foundlings  and 
infant  orphan  children  in  said  asylum,  by  the  Act  of  the  Gen- 
eral Assembly  of  1862,  chapter  93,  entitled  "An  Act  to  author- 
ize the  Saint  Vincent's  Infant  Asylum  of  the  City  of  Baltimore 
to  bind  out  and  control  the  destitute  children  under  their  care." 

Henry  Watson  Children's  Aid  Society. 

898.  The  Judges  of  the  Orphans'  Court  of  Baltimore  City, 
the  Judge  of  the  Criminal  Court  and  any  Justice  of  the  Peace 
are  authorized  and  empowered  to  deal  with  and  commit  to, 
and  any  police  officer  or  constable  or  the  Supervisors  of  City 
Charities  may  take  charge  of  and  place  temporarily  in  the  care 
of  the  President  and  Board  of  Managers  of  the  Children's  Aid 
Society  of  Baltimore,  any  minor,  whether  male  or  female,  in  the 
same  manner  and  under  the  same  circumstances  as  they  are  au- 
thorized to  deal  with  and  commit  minors  to  or  place  them  in  the 
care  and  charge  of  the  Home  of  the  Friendless,  under  this  sub- 
division of  this  Article ;  and  the  President  and  Board  of  Man- 


343 

.agers  of  said  Children's  Aid  Society  of  Baltimore,  are  vested 
in  regard  to  all  minors,  male  or  female,  with  all  the  rights, 
powers  and  authority  which  the  Home  of  the  Friendless  or  the 
President  and  Managers  thereof  by  this  sub-division  of  this 
Article  are  vested  with ;  and  are  to  observe  the  same  forms  and 
regulations  in  regard  to  the  binding  out,  adopting  or  otherwise 
disposing  of  minors,  male  and  female,  committed  to  them  by 
virtue  of  this  section. 

899.     The  children  received  under  the  care  and  charge  of 
.the  corporations  and  institutions  mentioned  in  this  sub-division 
of  this  Article  shall  be  and  remain  under  their  control  and  re- 
straint and  under  their  charge,  and  of  the  officers  and  managers 
.and  agents  thereof,  and  bound  to  obedience  to  their  rules,  regu- 
.lations  and  discipline,  to  every  effect  as  apprentices  are  bound 
in  respect  to  their  masters  and  mistresses,  and  subject  to  all 
laws  concerning  the  duties,  liabilities,  privileges  and  rights  of 
apprentices,  subject,  however,  to  the  powers  hereinbefore  in 
:this  Article  conferred  upon  the  Supervisors  of  City  Charities. 


WAITRESSES    IN   PLACES   OF   PUBLIC   AMUSEMENT. 

9O°-  It  shall  not  be  lawful  for  any  proprietor,  lessee  or 
rtnanager  of  any  theatre,  museum  or  other  place  of  amusement, 
to  employ  women  or  girls  as  waiters,  or  to  permit  them  to  act 
in  such  theatre  or  place  of  amusement,  or  among  the  audience 
or  frequenters  of  such  theatre  or  place  of  amusement  as  waiters, 
or  for  the  purpose  or  under  the  pretence  of  selling,  serving,  re- 
ceiving orders  or  pay  for  spirituous  or  malt  liquors,  wines,  lager 
beer,  or  any  other  refreshments  or  merchandise. 

9O1«  Any  person  violating  the  provisions  of  the  preceding 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  in  the  Criminal  Court  of  Baltimore,  shall  be 
•sentenced  to  pay  a  fine  of  not  less  than  one  hundred  nor  more 
than  one  thousand  dollars,  or  to  imprisonment  in  jail  not  less 
than  one  month  nor  more  than  six  months,  or  to  both  fine  and 
imprisonment,  at  the  discretion  of  the  court,  and  to  forfeiture 
of  license,  one-half  the  fine  to  be  paid  to  the  informer  and  the 
other  half  to  the  State. 


WATER. 

Lake  Roland,  Reservoirs  and  Dams. 

9O2-  If  any  person  shall  wilfully  pollute  the  water  in  an> 
lake,  dam,  reservoir,  line  of  conduit,  water-pipe,  gate-house,  or 
other  work  constructed  or  used  for  supplying  the  City  of  Balti- 
more with  water,  by  swimming,  bathing  or  washing  therein,  or 
by  washing,  or  causing  to  be  washed  therein,  or  so  near  thereto 
as  to  pollute  the  water  therein,  any  clothes,  the  skin  of  any 
dead  animal,  or  any  impure,  fetid  or  noxious  animal  or  vege- 
table matter,  or  shall  throw,  or  cause  to  be  thrown  therein,  or 
so  near  thereto  as  to  pollute  the  water  therein,  any  impure,. 
fetid,  or  noxious  animal  or  vegetable  matter,  the  person  so- 
offending  shall  forfeit  and  pay  a  sum  not  less  than  five  nor 
more  than  fifty  dollars  for  each  offence. 


If  any  person  shall  erect,  or  cause  to  be  erected,  any 
privy,  hog  pen,  bleaching  or  dyeing  establishment,  or  other 
thing,  over  any  lake,  dam,  reservoir,  line  of  conduit,  water-pipe^ 
gate-house  or  other  work  constructed  or  used  for  supplying  the- 
City  of  Baltimore  with  water,  or-  so  near  thereto  as  to  pollute 
or  discolor  the  water  therein,  the  person  so  offending  shall  for- 
feit and  pay  a  sum  not  exceeding  fifty  dollars,  and  the  further 
sum  of  ten  dollars  for  each  and  every  day  the  same  shall  remain 
after  notice  to  remove  same  shall  have  been  given. 


If  any  person  shall  injure,  or  cause  to  be  injured, 
defaced  or  destroyed,  any  dam,  reservoir,  line  of  conduit,  water- 
pipe,  gate-house,  stop-cock,  or  other  thing  used  for  supplying- 
the  City  of  Baltimore  with  water,  the  person  so  offending  shall 
forfeit  and  pay  a  sum  of  not  less  than  five  nor  more  than  fifty 
dollars  for  each  offence. 

9O5.  All  fines  and  forfeitures  imposed  by  the  preceding 
section  shall  be  recoverable  by  warrant  before  any  Justice  of 
the  Peace  in  and  for  the  City  of  Baltimore,  or  in  and  for  Balti- 
more county,  according  to  the  respective  jurisdiction  under 
which  any  of  the  offences  herein  set  forth  may  be  committed; 


345 

one-half  to  the  informer  and  the  other  half  to  the  Mayor  and 
City  Council  of  Baltimore. 

9O6.  The  two  preceding  sections  shall  not  be  construed  to 
exempt  any  person  who  may  have  been  fined  for  a  violation 
thereof,  or  who  may  be  charged  with  a  violation  thereof,  from 
an  action  of  damages  for  any  injury  or  destruction  of  any  part 
of  the  works  used  in  supplying  the  City  of  Baltimore  with 
water,  in  any  suit  for  damages  on  account  of  said  injury, 
brought  by  the  Mayor  and  City  Council  of  Baltimore. 

SECTION  2.     And  be  it  further  enacted,  That  this  Act  shall  not 
affect  or  impair  any  right  vested  or  acquired  and  existing  at 
the  time  of  the  passage  of  said  Act;  provided,  that  this  section- 
shall  not  be  construed  to  make  irrepealable  or  irrevocable  any 
right  which  before  the  passage  of  this  Act  was  repealable  or 
revocable;  nor  shall  said  Act  impair,  discharge  or  release  any 
contract,  obligation,  duty,  liability  or  penalty  whatever  now 
existing.     All  suits  and  actions,  both  civil  and  criminal,  pend- 
ing or  which  may  hereafter  be  instituted  for  causes  of  action 
now  existing  or  offences  already  committed  against  any  law  or 
ordinance  repealed  by  this  Act,  shall  be  instituted,  proceeded 
with  and  prosecuted  to  final  determination  and  judgment  as  if 
this  Act  had  not  been  passed.    No  tax  levied  or  any  proceeding 
taken  for  the  collection  of  any  such  tax  or  the  enforcement  of 
the  payment  of  the  same,  before  the  passage  of  this  Act,  or  the 
taxes  levied  for  the  year  eighteen  hundred  and  ninety-eight,  if 
levied  after  the  passage  of  this  Act,  shall  in  any  manner  be  af- 
fected by  the  passage  of  this  Act,  and  the  mode  of  procedure  in 
any  such  matter  shall  be  the  same  as  if  this  Act  had  not  been 
passed. 

SECTION  3.  And  be  it  further  enacted,  That  all  laws  now  in 
force  relating  or  applicable  to  the  Mayor  and  City  Council  of 
Baltimore  or  the  City  of  Baltimore,  and  not  included  in  this 
Act,  and  not  inconsistent  with  said  Act,  and  all  ordinances  of 
the  Mayor  and  City  Council  of  Baltimore  now  in  force  and  not 
inconsistent  with  this  Act,  shall  be  and  they  are  hereby  con- 
tinued until  changed  or  repealed,  respectively,  by  the  General 
Assembly  of  Maryland  or  the  Mayor  and  City  Council  of 


346 

Baltimore,  provided,  that  all  Acts  or  parts  of  Acts  passed  at  the 
session  of  the  General  Assembly  of  Maryland  in  the  year  eigh- 
teen hundred  and  ninety-eight,  relating  to  the  Mayor  and  City 
Council  of  Baltimore,  or  the  City  of  Baltimore,  or  in  any  man- 
ner amending  or  adding  to  Article  4  of  the  Code  of  Public 
Local  Laws,  as  said  Article  existed  before  the. passage  of  this 
Act,  shall  in  no  wise  be  affected  by  the  passage  of  this  Act, 
but  all  such  laws  shall  have  the  same  force  and  effect  as  if  this 
Act  had  not  been  passed.  The  provisions  of  this  Act  shall 
not  have  the  effect  to  enlarge  or  extend  in  any  manner  the 
rights  or  privileges  of  the  Mayor  and  City  Council  or  other 
authorities  of  the  City  of  Baltimore  outside  of  the  limits  and 
boundary  of  said  City,  beyond  or  in  addition  to  those  now 
limited  to,  and  exercised  by  said  City  under  the  present  laws. 

SECTION  4.  And  be  it  further  enacted,  That  all  officers  pro- 
vided for  or  named  in  said  Act,  whether  by  election  or  appoint- 
ment, shall  continue  to  hold,  exercise  and  discharge  the  duties 
of  their  respective  offices,  until  they  shall  be  superseded  under 
the  provisions  ot  said  Act,  and  until  their  successors  shall  be 
duly  qualified,  and  nothing  contained  in  said  Act  shall  be  con- 
strued to  interfere  with  the  continuity  of  the  terms  or  tenure 
of  any  of  said  officers  ;  nor  shall  a  reappointment  or  re-election 
of  any  of  said  officers  be  necessary  in  order  to  secure  the  said 
continuity  of  their  said  terms  and  tenures  of  office,  unless 
otherwise  provided  in  said  Act. 

SECTION  5.  And  be  it  further  enacted,  That  this  Act  shall 
take  effect  from  the  date  of  its  passage,  and  this  Act  shall  not 
be  published,  nor  a  certified  copy  of  the  same  furnished  to  the 
City  Register,  as  required  by  the  provisions  of  Article  76  of  the 
Code  of  Public  General  Laws. 

APPROVED  MARCH  24,  1898,  4:37  P.  M. 


347 


LAWS  RELATING  TO  BALTIMORE  CITY 

PASSED  BY  THE  LEGISLATURE  OF  1900,  AND 
NOT  CODIFIED. 

ACT  OF    I9OO,    CHAPTER    149. 

An  Act  to  Prohibit  the  Laying  of  Railways  Tracks  Upon 
Chase  Street,  Between  Broadway  and  Maryland  Avenue, 
in  the  City  of  Baltimore,  Without  the  Consent  of  the 
General  Assembly.- 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  it  shall  not  be  lawful  for  any  person  or  corporation 
to  lay  any  railway  tracks  upon  Chase  Street,  between  Broadway 
and  Maryland  Avenue,  in  the  City  of  Baltimore,  without  the 
consent  of  the  General  Assembly  of  Maryland. 

SECTION  2.  And  be  it  further  enacted,  That  this  Act  shall 
take  effect  from  the  date  of  its  passage. 

ACT  OF    I9OO,    CHAPTER    150. 

An  Act  to  Authorize  the  Governor  to  Appoint  Ten  Additional 
Notaries  Public  for  Baltimore  City. 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  the  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  be  and  he  hereby  is  authorized  to  appoint  ten  ( 10) 
Notaries  Public  for  Baltimore  City,  in  addition  to  the  number 
now  authorized  by  law. 

SECTION  2.  And  be  it  enacted,  That  this  Act  shall  take  effect 
from  the  date  of  its  passage. 

ACT  OF    I9OO,    CHAPTER    152. 

An  Act  to  Authorize  the  Mayor  and  City  Council  of  Baltimore 
to  Issue  the  Stock  of  Said  Corporation  to  an  Amount 
Not  Exceeding  One  Million,  Three  Hundred  and  Fifty 
Thousand  Dollars,  for  the  Purpose  of  Providing  a  Pub- 
lic Lighting  Plant  to  Supply  Light  to  Said  City  and  to 
the  Inhabitants  Thereof,  and  to  Authorize  the  Submis- 
sion of  an  Ordinance  for  that  Purpose  to  the  Legal 
Voters  of  Said  City. 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  the  Mayor  and  City  Council  of  Baltimore  be  and  is 


348 

hereby  authorized  to  issue  its  stock  to  an  amount  not  exceeding 
One  Million  Three  Hundred  and  Fifty  Thousand  Dollars,  to  be 
issued  from  time  to  time  in  such  amounts,  and  payable  at  such 
time,  and  bearing  such  rate  of  interest,  as  the  sai-d  Mayor  and 
City  Council  of  Baltimore  shall  by  ordinance  prescribe.  The 
proceeds  of  said  issue  to  be  used  to  provide  a  Public  Lighting 
Plant  to  supply  the  said  City  and  the  inhabitants  thereof  with 
light,  but  said  .stock  shall  not  be  issued  unless  the  Mayor  and 
City  Council  shall  by  ordinance  determine  to  erect  and  equip 
such  Public  Lighting  Plant,  and  unless  the  ordinance  providing 
for  the  issue  of  said  stock  shall  be  approved  by  a  majority  of 
the  legal  voters  of  said  City,  cast  at  some  time  and'  place  to  be 
fixed  by  said  ordinance  in  a  provision  for  submitting  the  same 
to  the  legal  voters  of  said  City,  as  required  by  Section  7  of 
Article  XI  of  the  Constitution  of  this  State. 

SECTION  2.  And  be  it  further  enacted,  That  this  Act  shall 
take  effect  from  the  date  of  its  passage. 

ACT  OF   1900,    CHAPTER   263. 

An  Act  to  Provide  a  Special  Fund,  as  Authorised  by  Chapter 
123,  Section  2,  of  the  Acts  of  the  General  Assembly  of 
Maryland,  Session  1898,  Title  "  City  of  Baltimore,"  sub- 
Title  "  Charter,''  sub-Title  "  General  Powers,"  sub-Title 
"  Police,"  and  to  Care  For  and  Regulate  the  Distribution  of 
Said  Fund. 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  the  Mayor  and  City  Council  of  Baltimore  shall,  upon 
the  request  of  the  Board  of  Police  Commissioners  of  the  City 
of  Baltimore,  appropriate  annually  a  sum  of  money  for  the 
relief  of  disabled  and  superannuated  members  of  the  police 
force  of  Baltimore  City,  and  for  the  relief  of  widows  and  chil- 
dren of  policemen  who  may  be  killed  in  the  discharge  of  duty, 
whenever  the  special  fund  of  said  Board  of  Police  is  not  suffi- 
cient for  the  payment  authorized  by  and  under  the  Acts  of  the 
General  Assembly  heretofore  passed. 

SECTION  2.  And  be  it  enacted,  That  this  Act  shall  take  effect 
from  the  date  of  its  passage. 


349 

ACT   OF    I9OO,    CHAPTER   269. 

An  Act  to  Provide  Additional  Revenue  for  the  Special  Fund  of 
the  Board  of  Police  Commissioners  of  the  City  of  Balti- 
more, to  be  Derived  From  the  Granting  or  Issuing  Per- 
mits to  Give  Public  Dances,  Soirees,  Masked  Balls,  Box- 
ing or  Athletic  Contests,  or  Either  of  Than,  in  the  City 
of  Baltimore. 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  the  Board  of  Police  Commissioners  of  the  City  of 
Baltimore  are  hereby  authorized  to  issue  permits  for  the  giving 
or  holding  of  public  dances,  soirees,  masked  balls,  boxing  or 
athletic  contests,  or  either  of  them,  in  the  City  of  Baltimore. 

SECTION  2.  No  public  dance,  soiree,  masked  ball,  boxing  of' 
athletic  contest,  or  other  public  entertainment  of  like  kind,  to 
or  for  which  an  admission  fee  shall  be  charged,  shall  be  held, 
given  or  permitted  in  the  City  of  Baltimore  except  upon  condi- 
tions that  a  license  or  permit  fee  of  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars  shall  first  be  paid  to  the 
Secretary  of  the  Board  of  Police  Commissioners,  who  are 
authorized  to  demand  and  receive  the  same  for  the  benefit  of 
the  special  fund;  provided,  that  nothing  herein  contained  shall 
interfere  with  any  permits  authorized,  issued  or  collected  by  the 
authority  of  the  Mayor  and  City  Council  of  Baltimore  City. 

SECTION  3.  And  be  it  enacted  by  the  General  Assembly  of 
Maryland,  That  this  Act  shall  take  effect  from  the  date  of  its 
passage. 

ACT   OF    IQOO,    CHAPTER   274. 

An  Act  Directing  the  Appeal  Tax  Court  of  Baltimore  City  Not 
to  Issue  Any  Permit  for  the  Erection  of  New  Buildings 
in  Said  City  Until  All  Taxes  Due  Are  Paid  on  the  Land 
Upon  Which  Said  Buildings  Are  to  Be  Erected. 
SECTION  i.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  before  the  Appeal   Tax  Court  of   Baltimore   City 
grants  any  permit  for  the  erection  of  new  buildings,  it  shall  be 
shown  to  the  said  Court  to  its  satisfaction  that  all  taxes  due 
and  unpaid  are  fully  paid  upon  the  land  on  which  said  new 
buildings  are  proposed  to  be  erected,  and  no  permit  as  aforesaid 
shall  be  issued  until  the  Court  is  so  satisfied,  and  an  appeal  is 
allowed  from  this,  as  in  other  cases  before  said  Court,  as  is 
allowed  bv  law. 


350 

SECTION  2.  And  be  it  further  enacted,  That  this  Act  shall 
take  effect  from  the  date  of  its  passage. 

ACT  OF    1900,   CHAPTER  280. 

An  Act  to  Ratify  and  Confirm  the  Ordinance  of  the  Mayor  and 
City  Council  of  Baltimore,  Number  32,  Approved  Feb- 
ruary 8,  1900,  Supplementary  to,  and  in  Amendment  of, 
Ordinance  Number  18,  Approved  March  9,  1898,  the 
Subject-Matter  of  Both  of  Said  Ordinances  Being  the 
Issuing  of  the  Stock  of  the  Mayor  and  City  Council  of 
Baltimore  for  the  Purpose  of  Paying  Certain  Mortgage 
Bonds  of  the  Western  Maryland  Railroad  Company, 
Guaranteed  by  the  Mayor  and  City  Council  of  Balti- 
more; and  for  the  Purpose  of  Paying  Certain  Stock  of 
the  Mayor  and  City  Council  of  Baltimore  Theretofore 
Issued  By  It  on  Behalf  of  the  Western  Maryland  Rail- 
road Company. 

Whereas,  by  the  Act  of  Assembly  of  Maryland  of  1898,  Chap- 
ter 210,  approved  April  7,  1898,  the  Ordinance  of  the  Mayor 
and  City  Council  of  Baltimore,  No.  18,  approved  March  9,  1898, 
was  ratified  and  confirmed,  and  full  power  and  authority  was, 
by  said  Act  of  Assembly,  conferred  upon  the  Mayor  and  City 
Council  of  Baltimore  to  issue  and  sell  the  stock  mentioned  in 
said  ordinance,  and  to  execute  the  mortgage  to  the  Mayor  and 
City  Council  of  Baltimore  therein  mentioned ;  and 

Whereas,  said  ordinance  was  subsequently  submitted  to  the 
legal  voters  of  the  City  of  Baltimore,  and  by  a  majority  of  them 
duly  approved;  and 

Whereas,  subsequently  thereto  the  Mayor  and  City  Council 
of  Baltimore  passed  an  ordinance  supplementary  to,  and  in 
amendment  of,  said  Ordinance  No.  18,  approved  March  9,  1898, 
which  supplementary  and  amending  ordinance  was  approved 
February  8,  1900,  being  Ordinance  No.  32,  the  title  whereof 
is  set  forth  in  the  first  Section  of  this  Act.  Now,  therefore  : 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  the  ordinance  of  the  Mayor  and  City  Council  of 
Baltimore,  approved  February  — ,  1900,  being  Ordinance  No. 
— ,  and  entitled  "  An  ordinance  supplementary  to,  and  in  amend- 
ment of  Ordinance  No.  18,  approved  March  9,  1898,  entitled 
4  An  ordinance  to  provide  for  issuing  the  stock  of  the  Mayor 
and  City  Council  of  Baltimore,  and  to  sell  the  same  for  the  pur- 
pose of  providing  means  to  enable  the  Western  Maryland  Rail- 


351 

road  Company  to  pay  and  extinguish  all  of  its  third  mortgage 
bonds  amounting  to  eight  hundred  and  seventy-five  thousand 
($875,000)  dollars,  guaranteed  by  the  Mayor  and  City  Council 
of  Baltimore,  when  the  same  shall  mature  on  the  first  day  of 
January,  1900;  and  also  to  enable  the  Mayor  and  City  Council 
of  Baltimore  to  pay  and  extinguish  one  million  ($1,000,000) 
dollars  of  the  stock  of  the  Mayor  and  City  Council  of  Baltimore 
loaned  to  the  Western  Maryland  Railroad  Company,  and  falling 
due  on  the  first  day  of  January,  1902,  secured  by  a  covenant  of 
the  Western  Maryland  Railroad  Company  with  the  Mayor  and 
City  Council  of  Baltimore,  bearing  date  the  third  day  of  April, 
1872,  and  recorded  among  the  Land  Records  of  Baltimore  City, 
in  Liber  G.  R,  No.  561,  folio  16,  etc.,  and  to  provide  a  sinking 
fund  for  the  redemption  of  the  stock  authorized  to  be  issued 
by  this  ordinance,'  "  be  and  the  same  is  hereby  ratified  and  con- 
firmed, and  it  shall  have  the  same  force,  effect  and  operation  in 
all  respects  whatsoever,  as  if  before  its  passage,  the  Mayor  and 
City  Council  of  Baltimore  had  been,  by  an  Act  of  the  General 
Assembly  of  Maryland,  expressly  authorized  to  pass  the  said 
ordinance. 

SECTION  2.  And  be  it  further  enacted,  That  this  Act  shaU 
take  effect  from  the  date  of  its  passage. 

ACT  OF  lOXX),  CHAPTER  442. 

An  Act  to  Amend  Section  6^G  of  Article  IV,  entitled  "  Li- 
cense," sub-Title  "  Liquor  and  Intoxicating  Drinks,"  of 
the  Code  of  Public  Local  Laws  of  Maryland. 
SECTION  i.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  Section  653G,  of  Article  IV,  of  the  Code  of  Public 
Local  Laws,  entitled  "  Elections,"  sub-title  "  Liquor  and  Intox- 
icating Drinks,"  be  amended  and  re-enacted  so  as  to  read  as 
follows : 

SECTION  653G.  Every  person  applying  for  a  license  to- 
sell  intoxicating  liquors  in  said  City  shall  file  with  the 
said  Board  his,  her  or  their  petition  for  such  license,  and 
the  Board  shall  cause  notification  of  said  petition  to  be 
published  three  times  in  three  newspapers  of  general 
circulation  in  said  City,  (one  of  which  shall  be  printed 
in  the  German  language)  to  be  designated  by  said  Board, 
the  first  publication  to  be  not  less  than  fifteen  nor  more 


352 

than  thirty  days  before  the  time  fixed  by  the  Board  for 
action  on  said  petitions. 

ACT  OF    lO/X),    CHAPTER  446. 

An  Act  to  Add  a  New  Section  to  Article  LVl,  of  the  Code  of 
Public  General  Laws,  Title  "  Licenses,"  to  Folloiv  Sec- 
tion 8iB,  and  to  Be  Designated  as  Section  8iC. 
Whereas,  as  the  money  derived  from  the  liquor  licenses  in 
the  City  of  Baltimore  is  divided  in  the  proportion  of  three- 
fourths  to  the  City  of  Baltimore,  and  one-fourth  to  the  State, 
and 

Whereas,  Chapter  246,  of  the  Acts  of  1898,  required  the  clubs^ 
societies  and  associations  in  the  City  of  Baltimore  selling  intox- 
icating liquor  to  take  out  licenses,  as  provided  in  said  Act,  and 
the  revenue  so  derived  should  be  divided  in  the  above  propor- 
tions. Therefore, 

SECTION  i.  Be  it  enacted  by  the  General  Assembly  of  Mary- 
land, That  one  new  Section  be  and  the  same  is  hereby  added  to 
Article  LVI,  of  the  Code  of  Public  General  Laws,  title  "  Li- 
cense/' to  follow  Section  8iB,  the  said  Section  81 B  having  been 
added  to  Article  LVI,  of  the  Code,  by  Chapter  246,  of  the  Laws 
of  1898,  to  be  designated  as  Section  8iC,  and  to  read  as  fol- 
lows : 

SECTION  8iC.  The  whole  of  the  money  received  by 
the  Clerk  of  the  Court  of  Common  Pleas  in  the  City  of 
Baltimore  for  the  licenses  granted  shall  be  paid  over 
quarterly  by  the  said  Clerk  of  the  Court  of  Common 
Pleas  to  the  State,  as  now  provided  by  law,  and  when  so, 
paid  over,  the  Comptroller  of  the  Treasury  shall  draw 
his  warrant  upon  the  Treasurer  of  the  State  of  Mary- 
land in  favor  of  the  Mayor  and  City  Council  of  Baltimore 
for  three-quarters  thereof,  to  be  applied  to  the  general 
use  of  said  City. 

SECTION  2.  And  be  it  enacted,  That  this  Act  shall  take  effect 
from  the  date  of  its  passage. 


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OCT  14 1919 


SOrn-T.'lG 


YC  094 33  , 


